Mahboob Alam @ Mohammad Mahboob Alam v. The State Of Bihar Through The Secretary Department Of Excise Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3094 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- RAFIGANJ District- Aurangabad ====================================================== Mahboob Alam @ Mohammad Mahboob Alam, Son of Md. Taufique Alam, resident of Village- Raja Bagaicha, P.S.- Rafiganj, District- Aurangabad (BIHAR).

... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Officer -in- Charge, Rafiganj Police Station, District- Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mrs. Leelawati Kumari, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== 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 Safari Storme Jeep bearing Registration No. BR-02W-1498, which has illegally been seized in connection with Rafiganj P.S. Case No. 135 of 2018 under Sections 30(a) and 38 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 Safari Storme

Patna High Court CR. WJC No.3094 of 2018(2) dt.08-04-2019 2/2 Jeep bearing Registration No. BR-02W-1498 seized in connection with Rafiganj P.S. Case No. 135 of 2018. Leave is granted.

The writ petition is disposed of.

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