Dharmendra Paswan @ Bikru Paswan v. The State Of Bihar Through The Director General Of Police,Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.687 of 2019 Arising Out of PS. Case No.-173 Year-2017 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Dharmendra Paswan @ Bikru Paswan Son of Jugeshwar Paswan Resident of Village - Andhari, P.S.- Sadar, Distt - Darbhanga. ... ... Petitioner

Versus

1.

The State Of Bihar Through The Director General Of Police,Govt. Of Bihar, Patna.

2.

The District Magistrate cum Collector, Darbhanga. Bihar 3.

That Senior Superintendent of Police, Darbhanga. Bihar 4.

The Block Supply Officer, Block Gaura Bauram, District - Darbhanga. Bihar 5.

The Officer-in-Charge of Ghanshyampur, Police Station, District - Darbhanga. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Respondent/s :

Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-04-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for issuance of a direction to the respondent authorities to release Mahindra Pick-Up Van bearing Registration No. BR-07-GA6339, which has been seized in connection with Ghanshyampur P.S. Case No. 173 of 2017 registered under Sections 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It is conceded by the learned counsel for the petitioner that a confiscation proceeding vide Confiscation Case No. 251

Patna High Court CR. WJC No.687 of 2019(2) dt.23-04-2019 2/2 of 2017 has already been initiated for confiscation of the vehicle in question.

In view of the equally efficacious statutory remedy available to the petitioner before the Collector, Darbhanga, I am not inclined to entertain this application under Article 226 of the Constitution of India. Accordingly, the application is disposed of with liberty to the petitioner to make a prayer for release of vehicle in question before the Collector, Darbhanga in the Confiscation Case No. 251 of 2017.

(Ashwani Kumar Singh, J) pradeep/sneha U T