M/S Aryan Enterprises Through Its Proprietor Satish Kumar 1 v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3078 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- CHHAURADANO District- East Champaran ====================================================== M/s Aryan Enterprises through its Proprietor Satish Kumar son of Ramashray Prasad, Ward No. 11, Thakurbari near Dhanki Dhaja, Motihari, Police StationTown Motihari, District- East Champaran. ... ... Petitioner

Versus

1.

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

The District Magistrate, Patna, District- East Champaran. 3.

The Superintendent of Police, District- East Champaran. 4.

The Officer Incharge, Chhuradano Police Station, District- East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar, Advocate For the Respondent-State:

Mr.Vikash Kumar Sc 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-07-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Battery Control Rickshaw (Musfir Eco) bearing Motor No.AMB0050, Chasis No.M9WAER11KBB0000050, which has been illegally seized in connection with Chhauradano P. S. Case No. 84 of 2018 under Section 37(b) 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

Patna High Court CR. WJC No.3078 of 2018(2) dt.08-07-2019 2/2 present writ petition with liberty to the petitioner to file a civil writ application for the release of the Battery Control Rickshaw (Musfir Eco) bearing Motor No.AMB0050, Chasis No.M9WAER11KBB0000050 seized in connection with Chhauradano P. S. Case No. 84 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T