Tajamammad Khan @ Raju Ali v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3327 of 2018 Arising Out of PS. Case No.-403 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Tajamammad Khan @ Raju Ali, S/o Haleem Khan, R/o Vill.- Bhada Kala, P.S.- Siwan Muffasil, District- Siwan.

... ... Petitioner

Versus

1.

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

The District Magistrate, Siwan.

3.

The Superintendent of Police, Siwan.

4.

The Officer-in-Charge, Mufassil Police Station, Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ramadhar Shekhar, Advocate For the Respondents :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2019 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 the tempo bearing Registration No. BR-29PA-3420, Engine No.S7F8717207 Chesis No. MBX0003DFVF472063, which has illegally been seized in connection with Siwan Muffasil P.S. Case No.403 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a), 28(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.3327 of 2018(2) dt.17-09-2019 2/2 to file a civil writ application for the release of tempo bearing Registration No. BR-29PA-3420, seized in connection with Siwan Muffasil P.S. Case No. 403 of 2018.

Leave is granted.

The writ petition is disposed of.

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