Saleun Khatoon v. The State Of Bihar Through The Principal Secretary Excise Department, Government Of Bihar, Patna An

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3084 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Saleun Khatoon, W/o Izhar Miya, R/o Village- Bahuari Sakrar, P.S.- Ramgarhwa, Dist.- East Champaran.

... ... Petitioner

Versus

1.

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

2.

The Divisional Commissioner, Tirhut Commissioner, Muzaffarpur. 3.

The District Magistrate cum Collector, East Champaran at Motihari. 4.

The Superintendent of Police, East Champaran at Motihari. 5.

The S.H.O. Ramgarhwa Police Station, East Champaran, Motihari. 6.

The Investigating Officer of Ramgarhwa, P.S. Case No. 215/2018, Ramgarhwa Police Station, East Champaran.

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

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the Respondents-State:

Mr. Anil Kumar Sinha, GA-1 ====================================================== 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 TVS Apache RTR 160 motorcycle, bearing Registration No. BR-05AB-1123, which has been seized in connection with Ramgarhwa P.S. Case No.215 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Realizing that the confiscation is a civil

Patna High Court CR. WJC No.3084 of 2018(3) dt.03-07-2019 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 TVS Apache RTR 160 motorcycle, bearing Registration No. BR-05AB-1123 seized in connection with Ramgarhwa P.S. Case No. 215 of 2018.

Leave is granted.

The writ petition is disposed of.

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