Niwas Tiwary @ Nivas Tiwari v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3238 of 2018 Arising Out of PS. Case No.-298 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Niwas Tiwary @ Nivas Tiwari Son of Rama ShabdaTiwari, Resident of Village- Ward No. 13, Bhagwatpur, Bhaluahiya, Ruphara, Police StationShikarganj Chiraiya, District- East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna.

2.

The District Magistrate cum Collector, East Champaran, Motihari. 3.

The Superintendent of Police, East Champaran, Motihari. 4.

The Excise Superintendent, East Champaran, Motihari. 5.

The Officer in Charge, Kundwa Chinpur, Police Station, District- East Champaran.

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

For the Petitioner :

Mr.Madhurendra Kumar, Advocate For the Respondent-State:

Mr.Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-09-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondent authorities to release the Glamour Motorcycle bearing Registration No.BR-05E-1784, which has been illegally seized in connection with Excise Case No. 298 of 2018 arising out of Excise PR No. 37 of 2018-19 (Dhaka) registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Realizing that the confiscation is a civil

Patna High Court CR. WJC No.3238 of 2018(2) dt.03-09-2019 2/2 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 Glamour Motorcycle bearing Registration No.BR-05E-1784 seized in connection with Excise Case No. 298 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T