Rajesh Kushwaha v. The State Of Bihar Throguh The Principal Secretary, Registration, Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3378 of 2018 Arising Out of PS. Case No.-275 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Rajesh Kushwaha, S/o Late Tika Kushwaha, Resident of Village- Jangal Banbeerpur, P.S.- Kubersthan, District- Kushinagar (U.P.). ... ... Petitioner

Versus

1.

The State of Bihar throguh the Principal Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

2.

The Collector-cum-District Magistrate, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Superintendent of Excise, Gopalganj.

5.

The Officer-in-Charge, Kateya, P.S. District- Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Harendra Prasad, Advocate For the Respondents :

Mr. Vikash Kumar, SC-11 ====================================================== 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 Bolero Pick up van bearing Registration No. UP-57T-8412, which has been seized in connection with Kateya P.S. Case No.275 of 2018 under Sections 30(a) and 38 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 writ application for the release of Bolero Pick up

Patna High Court CR. WJC No.3378 of 2018(2) dt.03-07-2019 2/2 van bearing Registration No. UP-57T-8412 seized in connection with Kateya P.S. Case No.275 of 2018.

Leave is granted.

The writ petition is disposed of.

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