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Patna High CourtCR. WJC/6/2019disposed

Avinash Kumar v. The State Of Bihar Through Its Principal Secretary Department Of Prohibition And Excise, Govt. Of B

2019-10-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.6 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- MANJHI District- Saran ====================================================== Avinash Kumar, son of Shiv Devki Singh @ Devki Singh, resident of VillageKaringa P.S.- Muffasil, District- Saran at Chapra. ... ... Petitioner

Versus

1.

The State of Bihar through its Principal Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

2.

The Principal Secretary (Home), Government of Bihar, Patna. 3.

The District Magistrate, Saran at Chapra.

4.

The Superintendent of Excise, Saran at Chapra. 5.

The S.H.O. Manjhi, Saran at Chapra.

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

For the Petitioner :

Mr. Vijay Kumar Singh, Advocate For the Respondents :

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-10-2019 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 Honda Shine motorcycle bearing Registration No. BR-04M1388, which has been seized in connection with Manjhi P.S. Case No.248 of 2018 registered under Sections 272, 273 and 188 of the Indian Penal Code and Section 30(a) 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.6 of 2019(2) dt.22-10-2019 2/2 to file a civil writ application for the release of Honda Shine motorcycle bearing Registration No. BR-04M-1388, seized in connection with Manjhi P.S. Case No. 248 of 2018. Leave is granted.

The writ petition is disposed of.

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