Shiv Narayan Harijan v. The State Of Bihar Through The Principle Secretary Department, Govt. Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7625 of 2025 ====================================================== Shiv Narayan Harijan, Son of Dhuplal, Resident of Village- Nonar Pandey, P.S.- Bankata, Dist-Deoria (UP).

... ... Petitioner

Versus

1.

The State of Bihar through the Principle Secretary Department, Govt. of Bihar, Patna.

2.

The Director General of Police Bihar, Patna.

3.

The Superintendent of Police, Siwan.

4.

The District Magistrare-cum-Collector, Siwan. 5.

The Dy. Superintendent of Police, Siwan.

6.

The S.H.O. Mairwa, P.S. Siwan.

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

For the Petitioner/s :

Mr. Adarsh Gaurav, Advocate For the Respondent/s :

Mr.Shailesh Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-07-2025 In the instant petition, petitioner has prayed for the following relief(s):

"(i) Releasing of Passion Glamour disc (Self( CAST Wheels) colour Sport Red Black Motorcycle registration no. UP52BA5839 Chasis No.

MBLJAS02XJ9J04748 Engine no.

JA06EHJ9J37276 seized in connection with Mairwa P.S. Case No. 276/22 instituted u/s 30(a) of the Bihar Prohibition and Excise Act 2016. (B) To any other relief/s to which the petitioner is found entitled to."

2. For identical relief, petitioner had approached this Court in C.W.J.C. No. 12359 of 2024 decided on 05.09.2024, the petitioner was asked to approach the Appellate

Patna High Court CWJC No.7625 of 2025 dt.09-07-2025 2/2 Authority in the light of Confiscation order dated 02.06.2023, without resorting to such remedy and so also without seeking any review of the order dated 05.09.2024, the present Writ petition has been filed.

3. After arguing for some time, learned counsel for the petitioner seeks permission to withdraw the present Writ petition. Accordingly, C.W.J.C. No. 7625 of 2025 stands dismissed as withdrawn, reserving liberty to the petitioner to invoke remedy of appeal before the Appellate Authority within a period of 06 weeks from today. Till deciding the appeal of the petitioner, the concerned Authority is hereby directed to not to auction the subject matter of vehicle. If the appeal is not filed within a period of six weeks, in that event, concerned Respondents are at liberty to proceed for auction, after due notice to the petitioner.

4. With the above observation, Writ petition stands dismissed as withdrawn.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2025 Transmission Date N.A