Rajeev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9196 of 2018 In Criminal Writ Jurisdiction Case No.2113 of 2017 ====================================================== Rajeev Kumar Son of Budhadev Yadav, r/o Mohalla- Manikpur Ward No. 03, Patarghat, P.S.- Sour Bazar (Patarghat O.P.), District- Saharsa ... ... Petitioner/s

Versus

1.The State Of Bihar through the Principal Secretary, Excise, Bihar, Patna

2. The District Magistrate, Saharsa

3. The Superintendent of Police, Saharsa

4. The Excise Superintendnet, Saharsa

5. The Incharge Revenue Officer, Saharsa

6. The Officer Incharge Sour Bazar, (Patarghat O.P.) Police Station ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Respondent/s :

Mr. Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 03-12-2018 Heard the parties.

Taking note of the fact that the confiscation order has already been passed and the same is appealable under the provisions of the Bihar Prohibition & Excise Act, 2016, learned counsel for the petitioner seeks permission to withdraw this application with liberty to file an appeal in accordance with law. Let this application be disposed of with liberty to the petitioner to file an appeal within a period of 30 days from today and in case such an appeal is filed within prescribed period, the appellate authority shall consider the same keeping in mind that

Patna High Court CWJC No.9196 of 2018(5) dt.03-12-2018 2/2 the petitioner was pursuing the matter before this Court and the appeal shall be heard on its own merit. If necessary, the petitioner shall file an application seeking condonation of delay. The provisional release earlier ordered shall be subject to final outcome of the appeal. If no appeal is preferred within the given period, the confiscating authority shall give effect to his order. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U