Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2667 of 2019 In Civil Writ Jurisdiction Case No.11730 of 2018 ====================================================== Bablu Kumar S/o Kishori Goswami @ Kishore Goswami, resident of VillageJamalpur, P.S. Sadar Sheikhpura, District Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Miss. Inayat Khan, the District Magistrate,Sheikhpura 3.

Mr. Amir Subhani, the Principal Secretary,Excise Department Bihar. 4.

Mr. Daya Shankar, the Superintendent of Police,Sheikhpura. 5.

The Officer Incharge, Police Station,Sadar,Sheikhpura,Dist.Sheikhpura 6.

The Sub-Inspector,Excise, Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Pushkar Narain Shahi ( Aag 6 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2019 The petitioner, through the instant application has prayed the following relief:

"For initiation of contempt proceeding against the opposite parties especially opposite party no.2, the District Magistrate, Sheikhpura for her willful violation and utter disregard of the order dated 27.06.2018 passed by the then Hon'ble the Chief Justice and Hon'ble Mr. Justice Rajeev Ranjan Prasad, whereby and under Hon'ble Court was pleased to direct that "pending finalization of the Confiscation/excise proceedings and/or

Patna High Court MJC No.2667 of 2019(4) dt.28-11-2019 2/2 criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Sheikhpura and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendecy of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceeding.

The vehicle in question be released within one week from the date of furnishing bank guarantee."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Prayer allowed.

The petition is accordingly dismissed as withdrawn. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U