Amar Lal Mahto v. The State Of Bihar, Through The Principal Secretary, Department Of Excise, Government Of Bihar, Pat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2718 of 2018 Arising Out of PS. Case No.-161 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Amar Lal Mahto, Son of Nageshwar Mahto, Resident of village-Datma More Kuju, Police Station-Mandu, District- Ramgarh (Jharkhand). ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Superintendent of Police, Rohtas at Dehri-on-Sone. 4.

The District Excise Officer, Rohtas at Sasaram. 5.

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

For the Petitioner :

Mr. Rajani Kant Singh, Advocate For the Respondents :

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the truck bearing Registration No. JH-10AP-9151, which has illegally been seized in connection with Nokha P.S. Case No.161 of 2017 registered under Section 30(a) 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 truck bearing

Patna High Court CR. WJC No.2718 of 2018(3) dt.03-07-2019 2/2 Registration No. JH-10AP-9151 seized in connection with Nokha P.S. Case No. 161 of 2017.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U T