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Patna High CourtCR. WJC/1138/2019disposed

Jitendra Kumar Yadav @ Jitendra Kumar v. The State Of Bihar, Through The Principal Secretary Excise Department Govt. Of Bihar, Patna

2019-08-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1138 of 2019 Arising Out of PS. Case No.-34 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Jitendra Kumar Yadav @ Jitendra Kumar, S/o Chandrashekhar Prasad Yadav, Resident of Ladpur, P.S.- Garkha, District- Saran ... ... Petitioner

Versus

1.

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

2.

The Superintendent of Police, Vaishali.

3.

The S.H.O., Hajipur Town P.S., Vaishali.

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

For the Petitioner :

Mr. Rajesh Ranjan, Advocate Mr. Anuj Kumar, Advocate For the Respondents-State:

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-08-2019 After some arguments, Mr. Rajesh Ranjan, learned counsel for the petitioner seeks leave to withdraw the present application with liberty to file an application under Section 451 of the Code of Criminal Procedure in Hazipur Town P.S. Case No.34 of 2017 before the court of Special Judge, Excise, Vaishali at Hazipur for release of Rs.1,28,400/-, which was seized from the personal possession of the petitioner. Leave is granted.

The application is disposed of.

In case of filing of an application under Section 451 of the Code of Criminal Procedure, the learned Special Judge

Patna High Court CR. WJC No.1138 of 2019(2) dt.06-08-2019 2/2 shall be required to hear the matter on merit and dispose of the same in accordance with law expeditiously by a reasoned and speaking order.

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