Tridipt Kumar @ Tridipt Kumar Singh v. The State Of Bihar Through The Prin. Sec., Dept. Of Regis. Ex. And Pro. Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.393 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- SACHIVALAYA District- Patna ====================================================== Tridipt Kumar @ Tridipt Kumar Singh, aged about 40 years, male, Son of Indradeo Singh, Resident of Village- Ram Lila Maidan Ramgarh, P.S.- Ramgarh, District- Kaimur, at present Rental of Sri Anjani Kumar Singh, Laxmi Nagar, Khemnichak (East) Near Shiv Mandir, P.S.- R.K. Nagar, District- Patna.

... ... Petitioner

Versus

1.

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

The Excise Commissioner, Bihar Patna.

3.

The Collector-cum- The District Magistrate Patna. 4.

The Superintendent of Police Patna.

5.

The Station House Officer, Sachiwalaya P.S.- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Jharkhandi Upadhyay-Advocate For the Respondents :

Mr. Anil Kumar Sinha-G.A.-I ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT 04-11-2019 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 Aprila Scooty bearing Registration No.BR01DE-8121, which has illegally been seized in connection with Sachiwalaya P. S. Case No.189 of 2018 under Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

2. Realizing that the confiscation is a civil proceeding, learned counsel for the petitioner seeks leave to

Patna High Court CR. WJC No.393 of 2019 dt.04-11-2019 2/2 withdraw the present writ petition with liberty to the petitioner to file a civil writ application for the release of Aprila Scooty bearing Registration No.BR01DE-8121, seized in connection with Sachiwalaya P. S. Case No.189 of 2018.

3. Leave is granted.

4. The writ petition is disposed of.

(Ashwani Kumar Singh, J) vikash/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.11.2019 Transmission Date 05.11.2019