Tripti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15664 of 2019 ====================================================== Tripti Devi aged about 30 years (Female) w/o - Munna Singh, Resident of Village- Koyaladeva, P.S.- Phulwariya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer in Charge, Phulwariya Police Station, District- Gopalganj, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Nath Rai For the Respondent/s :

Mr. Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 13-12-2019 Tripti Devi, the petitioner, has preferred the present writ application for release of the Mahindra Scorpio vehicle in her favour bearing Registration No. BR-28P0949, which has been seized in connection with Phulwariya P.S. Case No. 116 of 2019 registered for the offences punishable under Sections 353/ 307/ 225/34 of the Indian Penal Code, Sections 25(1-B) a, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

This fact is not in dispute that the registered owner

Patna High Court CWJC No.15664 of 2019(3) dt.13-12-2019 2/2 of the vehicle in question is one Bhavesh Kumar Singh. It is submitted by learned counsel for the petitioner that the petitioner in the writ application namely, Tripti Devi is the wife of the elder brother of the registered owner - Bhavesh Kumar Singh, who could not file the writ application since he was in custody. The counter affidavit filed on behalf of respondent no. 3 and 4 also suggests as such.

In these circumstances, we permit learned counsel for the petitioner to withdraw the writ application with a liberty to the registered owner of the vehicle to take recourse to appropriate remedy.

Accordingly, the writ petition stands disposed of as withdrawn.

(Dinesh Kumar Singh, J) ( Anil Kumar Sinha, J) praful/- U