Sant Kumar Rai v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3387 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Sant Kumar Rai, son of Sri Ram Chandra, resident of Village-Madui Pali Bansgaon Kauri Ram Gorakhpur, P.S-Bansgaon, Distt.-Gorakhpur (U.P). ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

2.

The Collector-cum-District Magistrate, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Superintendent of Excise, Gopalganj.

5.

The Officer-in-Charge, Manjhagarh P.S, District-Lakhisarai. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Harendra Prasad, Advocate For the Respondents :

Mr. Kumar Manish. SC-5 ====================================================== 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 Swift Dezire car bearing Registration No. UP-32EJ-1144 which has been seized in connection with Manjhagarh P.S. Case No.261 of 2018 under Sections 30(a), 38 and 41 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 Swift Dezire car

Patna High Court CR. WJC No.3387 of 2018(2) dt.03-07-2019 2/2 bearing Registration No. UP-32EJ-1144 seized in connection with Manjhagarh P.S. Case No. 261of 2018.

Leave is granted.

The writ petition is disposed of.

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