Kamlesh Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8594 of 2018 In Criminal Writ Jurisdiction Case No.33 of 2018 ====================================================== Kamlesh Kumar Yadav S/o Shiv Barat Yadav R/o Village- Banchar Bagra, P.O. Jakhim, P.S. Rafiganj, District- AurangabadBihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, Aurangabad, (Bihar). 3.

The Superintendent of Police, Aurangabad, (Bihar). 4.

The District Supply Officer, Aurangabad, (Bihar). 5.

The S.H.O. Fesar , P.S., District- Aurangabad, (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Bahadur Singh For the Respondent/s :

Mr. Anil Kr. Sinha- Ga1 ====================================================== 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 release of Motorcycle bearing Registration No. BR-26 M-1607 which has been seized in connection with Fesar P.S. Case No. 28 of 2017, Excise Case No. 289/2017, for the offences punishable under Section 30(a) 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.

Patna High Court CWJC No.8594 of 2018(5) dt.21-01-2020 2/2 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.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ranjeet/- U