Rajesh Ram v. The State Of Bihar Through Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2253 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rajesh Ram S/o Yogendra Ram, R/o Lohari P.O. Gurukul Mehiya, P.S.- Chapra Muffasil , Distt.- Saran.

... ... Petitioner

Versus

1.

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

2.

The District Magistrate Saran at Chapra.

3.

The Superintendent of Police Saran, at Chapra. 4.

The Dy S.P. Sadar Saran at Chapra.

5.

The S.H.O., Chapra Muffasil P.S. at Saran Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shakil Ahmad Khan, Advocate For the Respondent-State:

Mr.Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-07-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the vehicle bearing Registration No.BR-04W1522, which has been illegally seized in connection with Chapra Muffasil P. S. Case No. 91 of 2018 under Sections 272, 273 and 341 of the Indian Penal Code and Sections 30, 38 and 41 of Bihar Excise (Amendment) 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 to file a civil

Patna High Court CR. WJC No.2253 of 2018(2) dt.08-07-2019 2/2 writ application for the release of the vehicle bearing Registration No.BR-04W1522 seized in connection with Chapra Muffasil P. S. Case No. 91 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T