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Patna High CourtCR. WJC/2818/2018disposed

Lalu Chaudhary v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

2019-04-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2818 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Lalu Chaudhary S/o Yogendra Chaudhary, Resident of Village- Jamalabad, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

The Collector-cum-District Magistrate, Muzaffarpur. 3.

The Excise Deputy Commissioner, Muzaffarpur.

4.

The Superintendent of Police, Muzaffarpur.

5.

The Superintendent of Excise, Muzaffarpur.

6.

The S.H.O., Minapur Police Station, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Karn, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-04-2019 This application under Article 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Vehicle (Motorcycle Hero HF DLX) bearing Registration No.BR-06BE7724 having its Chasis No. MBLHAR204HGE07021 which has illegally been seized in connection with Meenapur P.S. Case No.153 of 2018 for violation 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

Patna High Court CR. WJC No.2818 of 2018(2) dt.10-04-2019 2/2 present writ petition with liberty to the petitioner to file a civil writ application for the release of Vehicle (Motorcycle Hero HF DLX) bearing Registration No. BR 06 BE-7724 having its Chasis No. MBLHAR204HGE07021 seized in connection with Meenapur P.S. Case No.153 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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