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Patna High CourtCR. WJC/3324/2018disposed

Amit Kumar v. The State Of Bihar, Through The Principal Secretary Excise Department, State Of Bihar, Patna And O

2019-09-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3324 of 2018 Arising Out of PS. Case No.-496 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Amit Kumar, Son of Mohan Lal Prasad, Resident of Islamram Chowk, P.S.- Bettiah, Distt. - West Champaran.

... ... Petitioner

Versus

1.

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

The District Magistrate, Bettiah, West Champaran. 3.

The Superintendent of Police, Bettiah, West Champaran. 4.

The Officer Incharge of Bettiah Town Police Station, in the district of West Champaran.

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the Respondents-State:

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-09-2019 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 Honda Motorcycle bearing Registration No. UP-22AA-7679 which has illegally been seized in connection with Nagar Battiah P.S. Case No.496 of 2018 registered 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 Honda

Patna High Court CR. WJC No.3324 of 2018(2) dt.30-09-2019 2/2 Motorcycle bearing Registration No. UP-22AA-7679 seized in connection with Nagar Bettiah P.S. Case No. 496 of 2018. Leave is granted.

The writ petition is disposed of.

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