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Patna High CourtCR. WJC/923/2021disposed

Dr. Md. Ziaul Haque v. The State Of Bihar Through The Principal Secretary, Excise, Govt. Of Bihar, Patna.

2021-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.923 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== DR. MD. ZIAUL HAQUE S/o LATE MD. MAZHARUL HAQUE R/o LIFE CARE CLINIC, NEAR GANDHI MURTI, DUJRA, P.S-BUDDHA COLONY, DISTRICT-PATNA. AT PRESENT FLAT No.205, VASUNDHARA ENCLAVE, BHAGORA ASHRAM GALI, KURJI, P.OSADAKAT ASHRAM, P.S-DIGHA, DISTRICT-PATNA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, EXCISE, GOVT. OF BIHAR, PATNA.

2.

THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3.

THE DISTRICT MAGISTRATE, PATNA.

4.

THE SENIOR SUPERINTENDENT OF POLICE, PATNA.

5.

THE SUB DIVISIONAL OFFICER, PATNA SADAR, PATNA. 6.

THE OFFICER-IN-CHARGE, BUDDHA COLONY P.S, DISTRICTPATNA. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Respondent/s :

Mr. Kumar Manish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The instant application has been filed by the petitioner for directing the respondent authorities to unseal the residential house of the petitioner which has been sealed by the police in connection Buddha Colony P.S. Case no. 180 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. WJC No.923 of 2021(7) dt.06-12-2021 2/2 It is not in dispute that the confiscation proceeding has been initiated in the instant case, being Confiscation Case no. 1558 of 2021 pending before the District Magistrate, Patna. In view of the above, learned counsel for the petitioner seeks leave to withdraw the present writ application with liberty to the petitioner to file a civil writ application for the prayer made above.

Leave is granted.

This writ application stands disposed of.

(Partha Sarthy, J) Spd/- U T