Suresh Singh v. The State Of Bihar, Through The Principal Secretary, Excise Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3195 of 2018 Arising Out of PS. Case No.-280 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Suresh Singh, S/o Janardan Singh, Resident of Village-Balthi Gausi, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner

Versus

1.

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

The Divisional Commissioner, Tirhut Commissioner, Muzaffarpur. 3.

The District Magistrate cum Collector, East Champaran at Motihari. 4.

The Superintendent of Police, East Champaran at Motihari. 5.

The S.H.O. Chakiya Police Station, East Champaran, Motihari. 6.

The Investigating Officer of Chakiya P.S. Case No. 280/2018, Chakiya Police Station, East Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the Respondents-State:

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2019 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 Hero CB Shine motorcycle bearing Registration No. BR06AR-0848, which has been seized in connection with Chakiya P.S. Case No.280 of 2018 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

Patna High Court CR. WJC No.3195 of 2018(3) dt.03-07-2019 2/2 to file a civil writ application for the release of Hero CB Shine motorcycle bearing Registration No. BR06-AR-0848 seized in connection with Chakiya P.S. Case No. 280 of 2018. Leave is granted.

The writ petition is disposed of.

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