Jabir Hussain @ Md. Jabir Hussain v. The State Of Bihar Through The Principal Secretary, Department Of Excise And Prohibition, Govt. Of

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3147 of 2018 Arising Out of PS. Case No.-640 Year-2018 Thana- ARARIA District- Araria ====================================================== Jabir Hussain @ Md. Jabir Hussain S/o- Late Md. Wali Mohammad, resident of village- Mirzapur Kothi, P.S. -Simraha, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Collector, Araria.

4.

The Superintendent of Police, Araria.

5.

The Deputy Superintendent of Police, Araria.

6.

The Station House Officer, Bairgachhi, (O.P. Araria), District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha, Advocate For the Respondent/s :

Mr. Anil Kumar Sinh,a GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-07-2019 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 Four Wheeler Scorpio Vehicle bearing registration no. BR-11Q1763, Engine No.GME4E80903, Scorpio EX 2 WD which has been seized in connection with Araria (Bairgachhi) P.S. Case No.640 of 2018 registered under Sections 30(a), 36 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

Patna High Court CR. WJC No.3147 of 2018(2) dt.09-07-2019 2/2 instant writ petition with liberty to the petitioner to file a civil writ application for release of Four Wheeler Scorpio Vehicle bearing registration no.

BR-11Q-1763, Engine No.GME4E80903, Scorpio EX 2 WD seized in connection with Araria (Bairgachhi) P.S. Case No.640 of 2018. Leave is granted.

The writ petition is disposed of.

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