Patna High CourtCR. WJC/404/2018disposed

Mahesh Kumar Mahto v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

2018-04-20Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.404 of 2018 Arising Out of PS.Case No. - 38 Year- 2017 Thana - Kalyanpur District- SAMASTIPUR ===========================================================

1. Mahesh Kumar Mahto, Son of Late Bishwanath Mahto, Resident of Mohalla Pandasarai, P.S. Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The Commissioner, Darbhanga Division, at Darbhanga.

5. The Superintendent of Police, Samastipur.

6. The District Magistrate/Collector, Samastipur.

7. The Excise Superintendent, Samastipur.

8. The Motor Vehicle Inspector, Samastipur.

9. The Officer-in-Charge of Kalyanpur P.S. Dist.- Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. (Advocate). For the Respondent/s : Mr. (A.P.P.) =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 20-04-2018 Learned counsel for the petitioner seeks permission to withdraw this Writ Application with liberty to prefer a statutory appeal against the order of confiscation. He, however, apprehends that the question of limitation may come in his way. Permission is granted to withdraw this Writ Application with liberty to the petitioner to prefer a statutory appeal within a period of 30 days from today.

The Appellate Authority shall consider the same on its own merit and shall not dismiss the appeal on ground of limitation in

Patna High Court Cr. WJC No.404 of 2018 dt.20-04-2018 2/2 view of the pendency of this Writ Application which the petitioner had brought under some bona fide belief.

The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.04.2018 Transmission Date 23.04.2018