← Library
Patna High CourtCWJC/3477/2018disposed

Mithlesh Devi @ Mithlesh v. The State Of Bihar And ORS

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3477 of 2018 ====================================================== Mithlesh Devi @ Mithlesh, Wife of Jagdish, Resident of House No. 336, Gali No. 1 Sanjay Nagar, Faridabad, P.S. Faridabad in the District of Faridabad, Haryana.

... ... Petitioner

Versus

1.

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

2.

The Director General Of Police, Bihar, Patna. 3.

The Collector, Saran at Chapra 4.

5.

The Sub Divisional Officer, Saran at Chapra The Senior Superintendent of Police, Saran at Chapra. 6.

The Station House Officer, Police Station Daudpur, Saran. 7.

The Excise Superintendent, Saran at Chapra.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Hareram Singh, Adv.

For the Respondents :

Mr. Anil Kumar Sinha -GA-1 ====================================================== 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 23.06.2017 passed by the District Magistrate, Saran in Confiscation (Excise) Case No. 19 of 2017 whereby vehicle, namely, Container bearing Registration No. NLO 1Q 1177 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Daudpur P. S. Case

Patna High Court CWJC No. 3477 of 2018(3) dt.21-01-2020 2/3 No. 139 of 2016 registered for the offences punishable under Sections 120(B), 201, 34 of the Indian Penal Code and Section 30 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. 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.

Patna High Court CWJC No. 3477 of 2018(3) dt.21-01-2020 3/3 No order as to costs.

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