Ram Uday Chaudhary v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2892 of 2018 Arising Out of PS. Case No.-95 Year-2017 Thana- CHENARI District- Rohtas ====================================================== Ram Uday Chaudhary Son of Shankar Chaudhary, Resident of VillageKarwandia, Police Station- Sasaram M, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patna 2.

The District Magistrate, Rohtas at Sasaram.

3.

The Superintendent of Police, Rohtas at Dehri-on- Sone. 4.

The District Excise Officer, Rohtas at Sasaram. 5.

The S.H.O. Chenari, Police Station, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Kumar Manish Sc-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-04-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for a direction to the respondents to release the XYLO D2 Car bearing Registration No. BR-26E/1395, which has been seized in connection with Chenari P.S. Case No. 95 of 2017 registered under Sections 30(a), 36 and 38(a) of the Bihar Prohibition and Excise Act, 2016.

At the outset, it is submitted by the learned counsel for the petitioner that since confiscation is a civil proceeding and due to inadvertence this application has been filed as a criminal writ petition, he may be permitted to withdraw the

Patna High Court CR. WJC No.2892 of 2018(2) dt.02-04-2019 2/2 present application with liberty to file a civil writ application before this Court in the same subject matter. Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) pradeep/sneha U T