Girjanand Chaudhary v. The State Of Bihar Through The Excise Commissioner, Government Of Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.42 of 2019 Arising Out of PS. Case No.-407 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Girjanand Chaudhary, son of Yogendra Choudhary, Resident of Bijulia Ramgarh Cantt, Near Pawan Petrol Pump, P.S.- Ramgarh, Jharkhand. ... ... Petitioner

Versus

1. The State of Bihar, through the Excise Commissioner, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Gaya.

3. The Senior Superintendent of Police (SSP), Gaya.

4. The Excise Superintendent, Gaya.

5. The Excise Inspector, Sherghati and Imamganj, District- Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sharma, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Maruti Swift Dzire Car bearing Registration No. JH-02W0940 Engine No. 1190405, which has illegally been seized in connection with Excise Case No. 407 of 2018 under Sections 30(a) and 56(b) 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 Maruti Swift

Patna High Court CR. WJC No.42 of 2019(2) dt.08-04-2019 2/2 Dzire Car bearing Registration No. JH-02W-0940 seized in connection with Excise Case No. 407 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanU T