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Patna High CourtMJC/4330/2019disposed

Prakash Mandal @ Prakash Kumar Mandal, v. The State Of Bihar

2020-09-28Mr. Justice Shivaji Pandey,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4330 of 2019 In Civil Writ Jurisdiction Case No.10279 of 2019 ====================================================== Prakash Mandal @ Prakash Kumar Mandal, Son of Bideshi Mandal, Resident of Village - Kashitand, Post Office - Karmatand, Police Station- Jamtara, District.-Jamtara, State - Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Excise, Government of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Sheikhpura. 3.

The Superintendent of Police, Sheikhpura, District- Sheikhpura. 4.

The Excise Superintendent of Police, Sheikhpura, District- Sheikhpura. 5.

The Deputy Superintendent of Police, Sheikhpura, District- Sheikhpura. 6.

The Inspector of Police, Sheikhpura, District- Sheikhpura. 7.

The S.H.O. Sheikhpura Police Station, District- Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 28-09-2020 Heard the parties through Video Conferencing. There is no need for modification of the order dated 06.08.2019 passed in C.W.J.C. No. 10279 of 2019. The relevant portion of the order is as follows:- "The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would

Patna High Court MJC No.4330 of 2019(3) dt.28-09-2020 2/2 however be subject to initiation and finalization of the confiscation proceeding, if any."

The order itself speaks that after submission of the sureties and the undertakings, the vehicle will be released within 14 days.

In such view of the matter, there is no need to entertain the prayer made by the petitioner.

Accordingly, this modification application is dismissed.

The learned counsel for the petitioner undertakes that he will remove the defect(s) pointed out by the office after the normalcy is restored.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U