Avinash Kumar @ Awinash Kumar v. The State Of Bihar Through Principal Secretary, Department Of Excise, Govt. Of Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2590 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- DHAKA District- East Champaran ====================================================== Avinash Kumar @ Awinash Kumar, son of Ram Bahadur Singh, resident of Village- Madhubani, P.S.- Chiraiya, District East Champaran. ... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Excise, Government of Bihar Patna.

2. The District Magistrate, East Champaran.

3. The S.H.O. Dhaka Police Station, Dhaka, District-East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Respondents-State:

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-07-2019 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 Hero Honda motorcycle bearing Registration No. BR-05R6658, which has been seized in connection with Dhaka P.S. Case No.94 of 2017 instituted under Sections 30(a) and 30(b) 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 present writ petition with liberty to the petitioner to file a civil writ application for the release of Hero Honda motorcycle bearing Registration No. BR-05R-6658 seized in

Patna High Court CR. WJC No.2590 of 2018(2) dt.31-07-2019 2/2 connection with Dhaka P.S. Case No. 94 of 2017. Leave is granted.

The writ petition is disposed of.

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