Gorelal Yadav v. The State Of Bihar Throu The Principal Sect. Bihar Excise And Prohibition Dept Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.219 of 2019 Arising Out of PS. Case No.-400 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Gorelal Yadav son of Dwarika Yadav, resident at Khutiya Sahaya Police Station Nawada, Dist.-Nawada ... ... Petitioner

Versus

1. The State of Bihar through the Principal Sect. Bihar Excise and Prohibition Dept Bihar Patna

2. The Principal Secretary Bihar Excise and Prohibition Dept. Bihar, Patna

3. The District Magistrate, Nalanda, Distt.-Nalanda

4. The Superintendent of Police, Nalanda, Distt.-Nalanda

5. The Thana Incharge, Giriyak Police Station Dist.-Nalanda. Nalanda ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr.Anil Kumar Singh (Ga 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-01-2019 At the outset, learned counsel for the petitioner submitted that erroneously, the petitioner has filed this application under Article 226 of the Constitution of India instead of challenging the order dated 26.11.2018 passed by the learned 5th Additional District & Sessions Judge-cum-Special Judge (Excise), Nalanda, Biharsharif in Giriyak P.S. Case No. 400 of 2018 wherein he has rejected the application for release of the vehicle bearing Registration No.BR-27J-2216. He submitted that he may be permitted to withdraw the present writ petition with liberty to challenge the aforestated order by way of

Patna High Court Cr. WJC No.219 of 2019(2) dt.31-01-2019 2/2 filing the revision application before this Court. Leave is granted.

The writ petition is disposed of.

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