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2022 Supreme(Pat) 233

SANJAY KAROL, S.KUMAR
Pratibha Devi @ Pratibha Kumari, W/o. Sanjay Ram, D/o. Shiv Balak Ram – Appellant
Versus
State of Bihar, through the Principal Secretary, Excise Department, Government of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajay Kumar Tiwary.
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 issuance of mandamus release the motorcycle of the petitioner bearing Registration No. BR29M-3410 seized by the Darauli Police in connection with Darauli P.S. Case No.255 of 2021 registered for the offence under Section 279 of Indian Penal Code and Section 30 (a) and 41 (i) of Bihar Prohibition & Excise Act in favour of the petitioner or his representative the vehicle in question has been seized with allegation the petitioner 7.740 liter foreign liquor from the dicky the case is presently pending in the court of learned Additional Session Judge-II-cum-Special Judge (Excise), Siwan.

(ii) For the issuance of any other relief/reliefs to which the petitioner may found entitled to in the facts and circumstances of the present facts and circumstances of the case in favour of the petitioner.”

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, 2

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