Shivchandra Kumar @ Shiv Kumar v. The State Of Bihar Through Principal Secretary Of Excise, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2998 of 2018 Arising Out of PS. Case No.-366 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Shivchandra Kumar @ Shiv Kumar, son of Ramanandan Ray, resident of Village and P.S.-Bidupur, District- Vaishali. ... ... Petitioner

Versus

1.

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

The District Magistrate, Jamui.

3.

The Superintendent of Excise, District- Jamui. 4.

The Superintendent of Police, Jamui.

5.

The S.H.O. Jamui.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate For the Respondents-State:

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2019 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 KUV vehicle bearing Engine No.RBJZA74686, which has been seized in connection with Khaira P.S. Case No.366 of 2018 registered under Sections 272, 273 read with 34 of the Indian Penal Code and 30 (a) and 38(1) 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

Patna High Court CR. WJC No.2998 of 2018(2) dt.03-07-2019 2/2 to file a civil writ application for the release of KUV vehicle bearing Engine No.RBJZA74686 seized in connection with Khaira P.S. Case No. 366 of 2018.

Leave is granted.

The writ petition is disposed of.

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