Rajesh Sharma v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2492 of 2018 Arising Out of PS. Case No.-595 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Rajesh Sharma son of Late Damdi Sharma, Resident of Village-Marajhiya, P.S.-Nasriganj, Distt.-Rohtas ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Excise, Aurangabad, Distt.-Aurangabad 4.

The Officer-in-charge, N.T.P.C. Khaira Police Station, P.S. Khaira, Distt.- Aurangabad.

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

For the Petitioner/s :

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

Mr. Anil Kumar Sinha, 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 Motorcycle bearing registration no. BR-24U 4361, Chasis No.MBLHA10B SGHH 51417 which has been seized in connection with Excise Case No.595 of 2018 registered under Sections 30(a) 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 instant writ petition with liberty to the petitioner to file a civil

Patna High Court CR. WJC No.2492 of 2018(2) dt.09-07-2019 2/2 writ application for release of Motorcycle bearing registration no. BR-24U 4361, Chasis No.MBLHA10B SGHH 51417 seized in connection with Excise Case No.595 of 2018 Leave is granted.

The writ petition is disposed of.

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