Ashiya Sultana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17825 of 2019 ====================================================== 1.

Ashiya Sultana, Wife of Moijuddin Resident of Village-Champapur, Police Station-Bakhtiyarpur, District-Patna 2.

Md. Tariq @ Md. Tariq Akhtar, Son of Md. Iliyas @ Md. Eliyasuddin Resident of Village-Champapur, Police Station-Bakhtiyarpur, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition, Patna 2.

The Principal Secretary Department of Excise and Prohibition, Old Secretariat, Patna 3.

The District Magistrate Patna 4.

The Superintendent of Police (Rural) Patna 5.

The Superintendent of Excise (Barh Sub Division) Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha 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) 17-12-2019 Heard learned counsel for the petitioners and learned counsel for the respondent.

The present writ application has been filed for release of Bajaj Pulsar 220C and Aprilia-3R-150 Motorcycles bearing Registration No.BR-01DK-9704 and BR-01DK-9704, in favour of petitioners, which has been seized in connection with Salimpur P.S. Case No.230 of 2018, registered for the offences punishable under Section 37(a) of Bihar Prohibition and Excise Act, 2016 as amended by the Amendment Act 8 of 2018 (hereinafter referred to as 'the Act').

Patna High Court CWJC No.17825 of 2019(2) dt.17-12-2019 2/2 The relief, as prayed for by learned counsel for the petitioners in paragraph No.1 of the writ application reads as follows :- "1. That this petition is being filed for issuance of an appropriate writ or writs, order or orders, direction or directions commanding the appropriate respondents to release the Banaj Pulsar 220 C bearing Registration No.New, Chasis No.MD2A13EYXJCK06972,Engine N.DKYCJK06594 in favour of the petitioner No.1 and Aprilia-3R-150 bearing Registration No.BR01DK 9704, Chasis No.MET0001AAB01707, Engine No.M911M3016974 in favour of the petitioner No.2 which has been seized by the police in connection with Salimpur P.S. Case No.230 of 2018 registered under Section 37A of Bihar Prohibition & Excise Act, 2016." After some argument, learned counsel for the petitioners seeks permission to withdraw this writ application. Permission is accorded.

Accordingly, this writ application is dismissed as withdrawn.

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