Patna High CourtCR. WJC/2673/2018disposed

Chotu Kumar @ Chotu Kumar Sah v. The State Of Bihar Through Its Principal Secretary, Excise Department, Government Of Bihar, Patna

2018-11-02Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2673 of 2018 Arising Out of PS. Case No.-199 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== Chotu Kumar @ Chotu Kumar Sah, Son of Tilo Sah, Resident of VillageBibhutipur, Police Station- Bibhutipur/Vibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The Divisional Commissioner, Excise Department, Bihar Division, at Patna.

3. The Commissioner, Darbhanga Division, Darbhanga.

4. The District Magistrate, Samastipur.

5. The Superintendent of Police, Samastipur.

6. The Superintendent of Excise, Samastipur.

7. The Inspector, Motor Vehicle, Samastipur.

8. The Sub Inspector , Bibhutipur/Vibhutipur Police, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Respondent/s :

Mr. Vikash Kumar (Sc-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2018 In the given facts and circumstance wherein order of confiscation has already been passed by the competent authority, the petitioner is required to avail the alternative statutory remedy of appeal against the order of confiscation or otherwise in filing an appropriate application as may be advised to him in accordance with law.

In case the appeal is filed before the appellate authority within a period of 30 days from today, the same shall be considered by the appellate authority on its own merit without being prejudiced by the order of this Court and the

Patna High Court Cr. WJC No.2673 of 2018(2) dt.02-11-2018 2/2 authority shall consider and pass an appropriate order to protect the interest of the petitioner considering the pendency of this writ application.

(Rajeev Ranjan Prasad, J) avin/- U