Rukmini Devi v. The State Of Bihar Through The Principal Secretary Dept. Of Excise, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.561 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- CHANDI District- Nalanda ====================================================== Rukmini Devi, Wife of Chanchal Paswan, Resident of Mohalla - Hanuman Nagar, Kali Mandir Road No. 5, Patna P.S.- Patrakar Nagar, District - Patna. ... ... Petitioner

Versus

1.

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

The District Magistrate, Nalanda.

3.

The Superintendent of Police, Nalanda 4.

The Deputy Superintendent of Police, Hilsa, Nalanda 5.

The Investigating Officer of Chandi P.S. Case No. 151 of 2018. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2019 This application under Article 226 of the Constitution of Indian has been filed by the petitioner for directing and commanding the respondent authorities to release the Tempo vehicle bearing Registration No. BR-01PH-9885, Engine No.R7J2911340 which illegally been seized in connection with Chandi P.S. Case No.151 of 2018 under Section 37(c)(d) 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 Tempo vehicle bearing

Patna High Court CR. WJC No.561 of 2019(2) dt.08-04-2019 2/2 Registration No. BR-01PH-9885 seized in connection with Chandi P.S. Case No.151 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Sanjeet/- U