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Patna High CourtCR. WJC/2946/2018disposed

Manje Ray @ Manju Ray v. The State Of Bihar Through The Principal Secretary, Department Of Registration, Excise And Prohibit

2019-07-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2946 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- SARAI RANJAN District- Samastipur ====================================================== Manje Ray @ Manju Ray son of Munnilal Ray, Resident of VillageShitalpatti, Police Station- Sarairanjan, District- Samastipur. Owner of the vehicle Registration No. BR33PA-3177 White Colour Scorpio. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department Of Registration, Excise And Prohibition, Government of Bihar. 2.

The Excise Commissioner, Bihar, Patna.

3.

The Collector-cum- the District Magistrate, Samastipur. 4.

The Superintendent of Police, Samastipur.

5.

The Officer-in- Charge Cum S.H.O. Sarairanjan Police Station under District- Sarairanjan.

6.

The Investigation Officer, A.S.I. Sarairanjan Police Station under DistrictSamastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Kumar Singh, Advocate For the Respondent-State:

Mr.Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-07-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release While Colour Scorpio bearing Registration No. BR33PA-3117, which has been illegally seized in connection with Sarairanjan P. S. Case No. 100 of 2018 registered under Sections 272,273/34 of the Indian Penal Code and Section 30(a) the Bihar Prohibition & Excise Act, 2016.

Realizing that the confiscation is a civil

Patna High Court CR. WJC No.2946 of 2018(2) dt.16-07-2019 2/2 proceeding, learned counsel for the petitioner seeks leave to withdraw the present writ petition with liberty to the petitioner to file a civil writ application for the release of While Colour Scorpio bearing Registration No. BR33PA-3117 seized in connection with Sarairanjan P. S. Case No. 100 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T