Patna High CourtCR. WJC/3086/2018disposed

Raj Kumar Sahni v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna A

2019-06-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3086 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Raj Kumar Sahni son of Shobhit Sahani, resident of village-Bhatgama, Sahani Tola, P.S-Dalsingsarai, District- Samastipur. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Samastipur

3. The Superintendent of Police, Samastipur

4. The Superintendent of Excise, Samastipur

5. The Station House Officer, Dalsingsarai (Ghataho O.P.), Police StationSamastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Respondent/s :

Mr.Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-06-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondent authorities to release of the Motorcycle Platina 100 Alloy ES bearing Chasis No.

MD2A76AY7JRC86950 Engine No.PFYRZC56848 which has illegally been seized in connection with Dalsingsarai (Ghataho O.P.) P.S. Case No.211 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 37(b)(c) 38(i)(ii) and 41(i) 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

Patna High Court CR. WJC No.3086 of 2018(2) dt.24-06-2019 2/2 present writ petition with liberty to the petitioner to file a civil writ application for release of the Motorcycle Platina 100 Alloy ES bearing Chasis No. MD2A76AY7JRC86950 Engine No.PFYRZC56848 seized in connection with Dalsingsarai (Ghataho O.P.) P.S. Case No.211 of 2018.

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