Prema Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10393 of 2018 In Criminal Writ Jurisdiction Case No.563 of 2018 ====================================================== Prema Devi Wife of Manoj Sada Resident of Village- Surha Bhitta, Post Office- Sahsoul, Police Station- Basnahi, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through Excise Commissioner, Bihar, Patna. 2.

The Collector-Cum-District-Magistrate, Madhepura. 3.

The Superintendent of Police, Madhepura.

4.

The Superintendent of Excise, Madhepura.

5.

The State House Officer, Udakishunganj, Police Station, DistrictMadhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Respondent/s :

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 15.12.2017 passed by the District Magistrate, Madhepura, in Confiscation (Excise Act) Case No. 74 of 2017 whereby vehicle, namely, Hero Glamour Motorcycle bearing Registration No. BR-19 L-1159 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Udakishunganj P.S. Case No. 166 of 2017 for the offences

Patna High Court CWJC No.10393 of 2018(4) dt.21-01-2020 2/3 punishable under Section 30(a), 37(b) 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.

No order as to costs.

Patna High Court CWJC No.10393 of 2018(4) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) mdrashid/- U