Virendra Kumar Yadav v. The State Of Bihar Through The Principal Secretary, Department Of Excise And Prohibition Act, Govt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2939 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Virendra Kumar Yadav, S/o- Ram Prasad Yadav, Resident of VillageBangawan, Ward No. 2, P.S.- Laukahi, District- Madhubani. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Madhubani.

3.

The Superintendent, Department of Excise, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Jha, Advocate For the Respondents :

Mr. Kumar Manish, SC-5 ====================================================== 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 Hero Super Splender motorcycle bearing Registration No. BR 50B 7698, Engine No.JA05ECD9A14204, which has illegally been seized in connection with G.O. Case No.176 of 2018 under Section 30(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 to file a civil writ application for the release of Hero Super

Patna High Court CR. WJC No.2939 of 2018(2) dt.08-04-2019 2/2 Splender motorcycle bearing Registration No. BR 50B 7698 in connection with G.O. Case No.176 of 2018.

Leave is granted.

The writ petition is disposed of.

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