Radheshyam Singh 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.3212 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- NADI NAINAHA District- West Champaran ====================================================== Radheshyam Singh, Son of Ganesh Singh, Resident of Village-Kanthu Chhapra, Post Office-Kinner Patti, Police Station-Jataha Bazar, Distt.- Kushianagar, Utter Pradesh.

... ... Petitioner

Versus

1.

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

The Principal Secretary, Registration, Excise and Prohibition Department Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate,West Champaran at Bettiah 4.

The Superintendent of Police, Bettiah,West Champaran. 5.

The Officer in Charge,Bagaha Nadi Police Station, Distt.-West Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar No.-7, Advocate For the Respondents-State:

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-09-2019 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 Bolero Pick-up vehicle bearing Registration No. UP-57AT2367, which has illegally been seized in connection with Bagaha Nadi P.S. Case No.35 of 2018 registered under Sections 420, 467, 468 read with 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Patna High Court CR. WJC No.3212 of 2018(2) dt.24-09-2019 2/2 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 Bolero Pick-up vehicle bearing Registration No. UP-57AT-2367 seized in connection with Bagaha Nadi P.S. Case No. 35 of 2018.

Leave is granted.

The writ petition is disposed of.

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