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Patna High CourtCR. WJC/2626/2018disposed

Kanchan Mallik v. The State Of Bihar Through The Principal Secretary Excise Department Patna, Bihar And ORS

2019-07-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2626 of 2018 Arising Out of PS. Case No.-242 Year-2018 Thana- KADWA District- Katihar ====================================================== Kanchan Mallik son of Late Mohan Mallik, Resident of Village-Kalidaspur, Police Station-Kadwa (Balia Belone O.P.), Distt.-Katihar ... ... Petitioner/s

Versus

1.

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

The Collector/District Magistrate, Katihar 3.

The Superintendent of Police, Ktihar 4.

The Excise Superintendent, Katihar 5.

The Officer-in-Charge, Kadwa (Balia Belone O.P.) Distt.-Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-07-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the vehicle Splendor Hero Plus Motorcycle bearing registration no.BR-39X7822 which has illegally been seized in connection with Kadwa (Balia Belone O.P.) P.S. Case No.242 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise 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.2626 of 2018(2) dt.22-07-2019 2/2 writ application for the release of vehicle Splendor Hero Plus Motorcycle bearing registration no. BR-39X7822 seized in connection with Kadwa (Balia Belone O.P.) P.S. Case No.242 of 2018.

(Ashwani Kumar Singh, J) Md. S/- U T