Ashok Kumar Viraji @ Ashok Kumar Yadav 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.3182 of 2018 Arising Out of PS. Case No.-244 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== Ashok Kumar Viraji @ Ashok Kumar Yadav, Son of Ram Sevak Viraji @ Ram Sevak Yadav, Resident of Village-Kala Patti Barhi, Madhubani, DistrictMadhubani, PIN- 847409. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Madhubani.

3.

The Superintendent of Police, Madhubani.

4.

The SH.O. Laukaha Police Station, Madhubani.

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the Respondents :

Mr. Vivek Prasad, GP-7 ====================================================== 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 Hyundai Grand I-10 car bearing Engine No.G4LAJM010675, Chasis No. MALA851CLJM902265, which has illegally been seized in connection with Laukaha P.S. Case No.244 of 2018 registered under Sections 272, 273, 290 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

Patna High Court CR. WJC No.3182 of 2018(3) dt.17-09-2019 2/2 present writ petition with liberty to the petitioner to file a civil writ application for the release of Hyundai Grand I-10 car bearing Engine No.G4LAJM010675 seized in connection with Laukaha P.S. Case No. 244 of 2018.

Leave is granted.

The writ petition is disposed of.

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