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2022 Supreme(Pat) 232

SANJAY KAROL, S.KUMAR
Savita Yadav S/o Bachu Yadav – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Sheo Kumar Prasad, Advocate
For the Respondent: Mr.Kumar Manish (SC 5)

JUDGMENT :

S. KUMAR, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner has prayed for the following reliefs: -

    “(i) For release the Apache Motorcycle bearing registration no.BR27L4698 and Chesis No. MD634CE46K2E02655 and Engine No.-CE4K2302313 was seized by the respondent authorities in connection with Warisaliganj P.S. Case No.320/2020 for the offence registered under section 30(a) of the Excise Act.

(ii) For that the confiscation case has been initiated bearing Case No. 182(Ex.0/2021 but the aforesaid vehicle is not confiscate till now.”

3. Learned counsel for the petitioner prays that the petition be disposed of in terms of order dated 9th January, 2020 passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali Vs. The State of Bihar and subsequent order dated 14th January, 2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah Versus the State of Bihar & Ors. and order dated 29.01.2020 passed in CWJC No.2050 of 2020 titled as Bunilal Sah @ Munilal Sah.

4. Learned counsel for the respondents has no objection to the same.

5. The Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Act) prohibits the manufacture, storage, d

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