Jamerul Alam v. The State Of Bihar Represented Through The Principal Secretary-Cum-Commissioner, Department Of Exci

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3007 of 2018 Arising Out of PS. Case No.-299 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Jamerul Alam, Son of Tamijuddin, Resident of Village- Dighli Chakuliya, P.S.- Uttar Dinajpur, District- Uttar Dinajpur, West Bengal. ... ... Petitioner

Versus

1.

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

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Araria, Bihar.

4.

The Superintendent of Police, Araria, Bihar.

5.

The Superintendent of Excise, Araria, Bihar.

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

For the Petitioner :

Mr. Sanjay Kumar Sharma, Advocate For the Respondents :

Mr .Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2019 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 vehicle (Mahindra & Mahindra Maximo Omni Bus) bearing Registration No. WB-60K-2556, which has illegally been seized in connection with Jokihat P.S. Case No.299 of 2017 under Section 273 read with 34 of the Indian Penal Code, 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 to file a civil

Patna High Court CR. WJC No.3007 of 2018(2) dt.19-06-2019 2/2 writ application for the release of vehicle bearing Registration No. WB-60K-2556 seized in connection with Jokihat P.S. Case No. 299 of 2017.

Leave is granted.

The writ petition is disposed of.

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