Chandra Shekhar Sah @ Chandra Shekhar Kua Sah @ Chandrashekhar Kumar v. The State Of Bihar Through The Commissioner, Department Of Excise, Government Of Vihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2766 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Chandra Shekhar Sah @ Chandra Shekhar Kua Sah @ Chandrashekhar Kumar son of Ram Lakhan Sah, resident of village & P. O. Muriya, P.S.- Sadar, District- Darbhanga.

... ... Petitioner

Versus

1. The State of Bihar through the Commissioner, Department Of Excise, Government Of Bihar, Patna.

2. The District Magistrate, Darbhanga.

3. The Superintendent of Police, Darbhanga.

4. The Excise Superintendent, Darbhanga.

5. The Station House Officer, Sadar (Bhalpatti O.P.), Darbhanga.

6. The Investigating Officer, P.S. Case No. 236/2018, P.S.- Sadar (Bhalpatti O. P.), Darbhanga.

... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr.Ugranath Mallik, Advocate For the Respondent-State:

Mr.Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-09-2019 This writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 03.08.2018 passed by learned Additional Session Judge-IV-cum-Special Judge, Darbhanga in G. O. Case No. 567 of 2018 by which he has rejected the prayer of the petitioner to release the Bajaj Discover motorcycle bearing Registration No.BRO7AD-8990 and White Colour Samsumg mobile with BSNL sim bearing No.9430521185, which have been seized in connection with Sadar (Bhalpatti O.P.) P. S. Case No. 236 of 2018 registered under Section 30(a)

Patna High Court CR. WJC No.2766 of 2018(2) dt.03-09-2019 2/2 of the Bihar Prohibition & Excise Act, 2016.

Realizing that confiscation is a civil proceeding, learned counsel for the petitioner seeks leave to withdraw the present application with liberty to file a civil writ petition in the same subject matter.

Leave is granted.

The writ petition is disposed of.

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