Rakesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3193 of 2018 ====================================================== Rakesh Kumar Singh, Son of Sri Mathura Singh, Resident of Village Kharahari, P.S. Kargahar, District Rohtas Sasaram. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Kaimur Bhabhua.

3.

The Superintendent of Police, Excise, Kaimur Bhabhua. 4.

The Sub Inspector Excise , Anchal Mohania District Kaimur Bhabua. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Raj Bansh Dubey, Adv.

For the Respondents :

Mr. Vivek Prasad- GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner prays for setting aside the order dated 25.01.2018 passed by the District Magistrate, Kaimur at Bhabua in Confiscation Case No. 247 of 2017-18 whereby vehicle, namely, Motorcycle bearing Registration No. BR 45C 2940 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Excise Case No. 1693 of 2017 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner invites our attention to the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. and prays for disposal in terms thereof.

Patna High Court CWJC No. 3193 of 2018(3) dt.21-01-2020 2/2 As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. making the terms contained therein, applicable mutatis mutandis, insofar as applicable, also to the instant petition. The terms of the said order shall be deemed to have been incorporated and read as a part and parcel of the present order. It shall be obligatory on the part of the instant parties to place on record of the authorities under the provision of the Bihar Prohibition and Excise Act, 2016, a copy of not only the order passed in the instant petition, but also that of CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. which can be conveniently downloaded from the internet.

No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U