Suraj Sah v. The State Of Bihar Through The Principle Secretary Department Of Excise And Prohibition Govt. Of Bih

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3179 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- HARLAKHI District- Madhubani ====================================================== Suraj Sah, Son of Suresh Sah, Resident of Village-Ruhelganj, Lalbagh, P.O.- Ruhelganj Lalbagh, P.S.-University, Distt.-Darbhanga ... ... Petitioner

Versus

1.

The State of Bihar through the Principle Secretary, Department of Excise and Prohibition, Government of Bihar, Patna 2.

The District Magistrate, Madhubani.

3.

The Superintendent of Police, Madhubani 4.

The S.H.O. Harlakhi Police Station, Madhubani ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the Respondents-State:

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2019 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 Yamha Scooti Cyghus Ray ZR bearing Registration No. BR 07-AC-3010, which has illegally been seized in connection with Harlakhi P.S. Case No.176 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 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.3179 of 2018(3) dt.17-09-2019 2/2 writ application for the release of Yamha Scooti Cyghus Ray ZR bearing Registration No. BR 07AC 3010 seized in connection with Harlakhi P.S. Case No. 176 of 2018.

Leave is granted.

The writ petition is disposed of.

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