Bipin Bihari Pandey v. The State Of Bihar Through The Secretary, Department Of Excise, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3241 of 2018 Arising Out of PS. Case No.-55 Year-2017 Thana- RISIYAP District- Aurangabad ====================================================== Bipin Bihari Pandey, son of Nand Kumar Pandey, Resident of VillageMohalla -Dariyat, Ward No.5, P.S.- Dariyat, District- Rohtas, Bihar. ... ... Petitioner

Versus

1.

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

The District Magistrate, Aurangabad (Bihar) 3.

The Superintendent of Police, Aurangabad (Bihar). 4.

The Officer-in-Charge, Risiup Police Station, District- Aurangabad, Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Ms. Leelawati Kumari, Advocate For the Respondents :

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2019 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 Tractor bearing Registration No. BR-24G-7429, which has illegally been seized in connection with Risiup P.S. Case No. 55 of 2017 under 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 to file a civil writ application for the release of Tractor bearing

Patna High Court CR. WJC No.3241 of 2018(2) dt.08-04-2019 2/2 Registration No. BR-24G-7429 seized in connection with Risiup P.S. Case No. 55 of 2017.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanU T