Sanjay Sah v. The State Of Bihar Through The Princ. Secre., Deptt. Of Excise And Prohi., Govt. Of Bihar,Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.803 of 2019 Arising Out of PS. Case No.-651 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sanjay Sah son of Rajendra Sah, Resident of Village /Mohalla- Tilaknagar Mali Tola, Near Hanuman Mandir, Ward no. 32, P.S.- Tilaknagar, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Begusarai 4.

The Superintendent of Police, Begusarai 5.

The District Supply Officer, Begusarai 6.

The Excise Superintendent, Department of Excise, Begusarai. 7.

The Station House Officer, Town, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Respondent/s :

Mr.Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-05-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 26.09.2018 passed in Town P.S. Case No.651 of 2017 by the learned Additional Sessions Judge-II, Begusarai-cum-Special Judge, Excise Act by which he has refused to release the Motorcycle bearing registration no.BR09V-7439 registered under Section 30(a) of the Bihar Prohibition Act, 2016.

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

Patna High Court CR. WJC No.803 of 2019(2) dt.07-05-2019 2/2 instant writ petition with liberty to file a civil writ application for release the Motorcycle bearing registration no.BR09V-7439 seized in connection with Town P.S. Case No.651 of 2017 dated 23.11.2017 by way of filing a civil writ petition. Leave is granted.

The writ petition is disposed of.

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