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Patna High CourtCR. WJC/3146/2018disposed

Naveen Sah v. The State Of Bihar, Through The Principal Secretary, Excise Department, Government Of Bihar, Patna

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3146 of 2018 Arising Out of PS. Case No.-339 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Naveen Sah. son of Rambau Sah, resident of Village-Garbhua, Lala Tola, P.O.- Turhapatti, P.S. Sirisiya, O.P. Chanpatia, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, West Champaran, Bettiah. 3.

The Superintendent of Police, West Champaran, Bettiah. 4.

The S.H.O. Chanpatiya, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP -7 ====================================================== 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 motorcycle bearing Registration No. BR-22AE-9297, which has illegally been seized in connection with Chanpatia (Sirisias O.P.) P.S. Case No.339 of 2018 under Sections 30(a) and 30(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 to file a civil writ application for the release of Hero motorcycle

Patna High Court CR. WJC No.3146 of 2018(2) dt.08-04-2019 2/2 bearing Registration No. BR-22AE-9297 seized in connection with Chanpatia (Sirisia O.P.) P.S. Case No. 339 of 2018. Leave is granted.

The writ petition is disposed of.

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