Manoj Mahto v. The State Of Bihar Through The Principal Secretary, Department Of Excise And Prohibition, Govt. Of
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3402 of 2018 Arising Out of PS. Case No.-270 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== Manoj Mahto S/o Upendra Mahto, Resident of village - Gopalpur, Durgabasa, Ward No. 09 P.S. Udakishunganj, District - Madhepura. ... ... Petitioner
Versus
1.
The State of Bihar through the Principal Secretary, Department Of Excise And Prohibition, Govt. of Bihar, Patna 2.
The Director General of Police , Bihar Patna. 3.
The District Magistrate, Madhepua.
4.
The Superintendent of Police, Madhepura.
5.
The Deputy Superintendent of Police, Madhepura. 6.
The Station house Officer, Alamnagar, District- Madhepura. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr.Nafisuzzoha, Advocate For the Respondent-State:
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-07-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for release of Hero HF Deluxe Motorcycle bearing Registration No. BR 43J 4557, which has been illegally seized in connection with Alamnagar P. S. Case No.270 of 2017 under Sections 341, 323, 353/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & 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.3402 of 2018(2) dt.16-07-2019 2/2 to file a civil writ application for the release of Hero HF Deluxe Motorcycle bearing Registration No. BR 43J 4557 seized in connection with Alamnagar P. S. Case No.270 of 2017. Leave is granted.
The writ petition is disposed of.
(Ashwani Kumar Singh, J) kanchan/- U T