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Patna High CourtCR. WJC/2915/2018disposed

Purushotam Kumar Singh @ P.K. Singh v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna And

2019-04-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2915 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Purushotam Kumar Singh @ P.K. Singh, Son of Janardhan Singh, Resident of House No. D-501, Pul Pehladpur, Jattpur, South Delhi, 110044. ... ... Petitioner

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna 2.

The District Magistrate, Siwan.

3.

The Superintendent of Police, Siwan.

4.

The S.H.O. Hussainganj, Police Station, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Maruti Suzuki Wagon-R bearing Registration No. DL-9CF4364 Engine No.3103605 which has illegally been seized in connection with Hussainganj (M.H. Nagar) P.S. Case No. 174 of 2018 under Sections 272, 273, 420/34 of the Indian Penal Code, 30(a) and 37(b) 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.2915 of 2018(2) dt.08-04-2019 2/2 to file a civil writ application for the release of Maruti Suzuki Wagon-R bearing Registration No. DL-9CF-4364 seized in connection with Hussainganj (M.H. Nagar) P.S. Case No. 174 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanU T