Pradip Kumar Pathak v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3229 of 2018 Arising Out of PS. Case No.-389 Year-2018 Thana- GARKHA District- Saran ====================================================== Pradip Kumar Pathak Son of Uma Shankar Pathak, resident of VillageMaricha, P.O. P.S. Garkha, District- Saran Chapra. ... ... Petitioner

Versus

1.

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

The Divisional Commissioner, Excise Department, Saran Division, Saran. 3.

District Magistrate, Saran.

4.

Superintendent of Police, Saran.

5.

Officer-in- Charge, P.S. Garkha, District Saran. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Kamlesh Kumar, Advocate For the Respondents :

Mr.Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-05-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for release of vehicle bearing Registration No. BR-04N-3076, which has been seized in connection with Garkha P. S. Case No. 389 of 2018 registered under Sections 420 467, 468, 471 read with Section 34 of the Indian Penal Code and 30, 30(a), 38 and 41 of the Bihar Prohibition & 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 vehicle bearing Registration

Patna High Court CR. WJC No.3229 of 2018(2) dt.13-05-2019 2/2 No. BR-04N-3076, which has been seized in connection with Garkha P. S. Case No. 389 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U