Smt. Nilu Choudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 11375 of 2018 In Criminal Writ Jurisdiction Case No.649 of 2018 ====================================================== Smt. Nilu Choudhary, Wife of Sri Arvind Kumar Verma @ Arvind Verma, resident of P.H.E.D., Colony, Ford Company Chowk, Police Station- K. Hat in the district of Purnia ... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna
2. The Principal Secretary, Department of Excise, Government of Bihar, Patna
3. The District Magistrate-cum-Collector, Purnia
4. The Superintendent of Police, Purnia
5. The Officer-in-Charge, Sadar P.S. in the district of Purnia ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Adv.
For the Respondent/s :
Mr.Md.N.H.Khan -Sc1 ====================================================== 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 20.12.2016 passed by the District Magistrate, Purnia, in Excise Case No.209 of 2016 whereby vehicle of the petitioner, namely, Sumo Victa bearing Registration No. BR11H-4756 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Sadar P.S.
Patna High Court CWJC No. 11375 of 2018(4) dt.21-01-2020 2/3 Case No. 194 of 2016 for the offences punishable under Sections 272/273 of I.P.C. and 47 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
Patna High Court CWJC No. 11375 of 2018(4) dt.21-01-2020 3/3 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) K.C.Jha/- U