Sumeshwar Tiwari v. The State Of Bihar Through Principal Secretary Deptt. Of Excise, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1021 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Sumeshwar Tiwari, Son of Shankar Tiwari, Resident of Village-Mahuari, P.S.- Maharajganj, District- Siwan.

... ... Petitioner

Versus

1.

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

2.

The Director General of Police, Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Gopalganj.

5.

The S.H.O., Maharajganj Police Station, Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Raghav Prasad, Advocate For the Respondents-State:

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-07-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Hero Splendor Motorcycle bearing Registration No. BR29AD-2890 which has been seized in connection with Maharajganj P.S. Case No.101 of 2019 under Sections 272, 283, 308 of the Indian Penal Code and section 41(1) 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

Patna High Court CR. WJC No.1021 of 2019(2) dt.02-07-2019 2/2 to file a civil writ application for the release of Hero Splendor Motorcycle bearing Registration No. BR-29AD-2890 seized in connection with Maharajganj P.S. Case No. 101 of 2019. Leave is granted.

The writ petition is disposed of.

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