Munna Chaudhary v. The State Of Bihar Through The Principal Secretary, Bihar Prohibition And Excise Department, Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2965 of 2018 Arising Out of PS. Case No.-119 Year-2016 Thana- DURAULI District- Siwan ====================================================== Munna Chaudhary, S/o Tufani Chaudhary, resident of Village- Darauli, P.S.- Darauli, District- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department, Bihar.

2.

The District Magistrate, Siwan.

3.

The Superintendent of Police, Siwan.

4.

The Officer in Charge of Darauli Police Station, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Harendra Prasad, Advocate For the Respondents-State:

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Hero Passion Pro motorcycle, bearing Registration No. BR29L-9173, which has been seized in connection with Darauli P.S. Case No.119 of 2016 registered under Sections 272, 273, 308, 420 of the Indian Penal Code and section 47(a) of the Bihar Prohibition and Excise Act, 2016.

Realizing that the confiscation is a civil proceeding, learned counsel for the petitioner seeks leave to withdraw the present writ petition with liberty to the petitioner

Patna High Court CR. WJC No.2965 of 2018(2) dt.03-07-2019 2/2 to file a civil writ application for the release of Hero Passion Pro motorcycle bearing Registration No. BR-29L-9173 seized in connection with Darauli P.S. Case No. 119 of 2016. Leave is granted.

The writ petition is disposed of.

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