Md. Masoom @ Md. Masoom Alee v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3407 of 2018 Arising Out of PS. Case No.-608 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Masoom @ Md. Masoom Alee Son of Kamrujama, Resident of VillageBokra Ward no. 04 near Masjid, P.S.- Simraha, District- Araria ... ... Petitioner

Versus

1.

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

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Araria.

4.

The Superintendent of Police, Araria.

5.

The Superintendent of Excise, Araria.

6.

The S.H.O. Araria Police Station, District- Araria. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar Rana, Advocate For the Respondents :

Mr.Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-05-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for release of Bajaj Discover motorcycle bearing Registration No. BR38N 1133, which has been seized in connection with Araria P. S. Case No. 608 of 2018 registered under Sections 30(a) and 38 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 Bajaj Discover motorcycle

Patna High Court CR. WJC No.3407 of 2018(2) dt.13-05-2019 2/2 bearing Registration No. BR38N 1133, which has been seized in connection with Araria P. S. Case No. 608 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U