Madhav Jha v. The State Of Bihar Through The Principal Secretary, Department Of Excise Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3003 of 2018 Arising Out of PS. Case No.-593 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Madhav Jha, Son of Dashrath Jha, resident of Village- Basauna, Ward No. 09, Kahra, District- Saharsa.

... ... Petitioner

Versus

1.

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

The District Magistrate, District-Saharsa.

3.

The Superintendent of Police, District- Saharsa. 4.

The S.H.O. of Sour Bazar, District- Saharsa.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Mishra, Advocate For the Respondent-State:

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-07-2019 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 Honda Splender motorcycle bearing Registration No. BR-19B-1260, which has illegally been seized in connection with Saharsa (Sadar) P.S. Case No.593 of 2018 registered under Sections 30(a) and 38(1) 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.3003 of 2018(2) dt.23-07-2019 2/2 to file a civil writ application for the release of Hero Honda Splender motorcycle bearing Registration No. BR-19B-1260 seized in connection with Saharsa (Sadar) P.S. Case No. 593 of 2018.

Leave is granted.

The writ petition is disposed of.

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