Raj Kumar Singh v. The State Of Bihar Through Principal Secretary, Excise Department, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.304 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Raj Kumar Singh, son of Late Shyam Sunder Singh,Resident of Mohalla-New Patliputra Colony, House No.249, Road No. 2B, J.D. Mishra Patha, P.SPatliputra, District-Patna ... ... Petitioner/s

Versus

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

2. The Collector-cum-District Magistrate, Patna

3. The Senior Superintendent of Police, Patna

4. The Police Inspector cum Officer In Charge, Patliputra Police Station, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Makardhwaj Upadhyay, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2019 At the outset, learned counsel for the petitioner submitted that inadvertently this application has been filed as a criminal writ petition. As a matter of fact, the challenge is to the initiation of a confiscation proceeding under the Excise Act and a civil writ petition ought to have been filed. Having submitted so, learned counsel for the petitioner sought leave to withdraw the present writ petition with liberty to file a civil writ application before this Court in the same subject matter.

Leave is granted.

Patna High Court Cr. WJC No.304 of 2019(2) dt.05-02-2019 2/2 The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U T