Dindayal Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12353 of 2018 ====================================================== Dindayal Ojha Son of Sri Krishna Kumar Ojha, Resident of Village- Pidiya, P.O.- Ekauni, Police Station- Dumraon, District- Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Buxar.

3.

The Superintendent of Police, Bhojpur.

4.

The S.H.O. Virkuwar Singh Ganga Bridge, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Tiwary, Adv.

For the Respondent/s :

Mr.Vivek Prasad- Gp7 ====================================================== 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, Buxar in Excise Prohibition Confiscation Case No.207 of 2017 whereby vehicle of the petitioner, namely, T.V.S. Victor bearing Registration No. BR- 44F-4060 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Case No.231(o) of 2017 for the offences punishable under Section 30(K) and 37(KH) of the

Patna High Court CWJC No.12353 of 2018(3) dt.21-01-2020 2/3 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.12353 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) K.C.Jha/- U