Kanhaiya Kumar Jha v. The State Of Bihar, Through The Principal Secretary, Registration Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3198 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Kanhaiya Kumar Jha Son of Chandravali Jha, Resident of Village P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Darbhanga.

3.

The Superintendent of Police, Darbhanga.

4.

The Incharge of Ghanshyampur Police Station, Biraul, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-04-2019 This application under Article 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Maruti Omni Van bearing Registration No. JHOIR-6507 Chasis No. MA3EVB11500820192 which has illegally been seized in connection with Ghanshyampur P.S. Case No.165 of 2018 registered under Sections 30(a) and 37(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

Patna High Court CR. WJC No.3198 of 2018(2) dt.10-04-2019 2/2 application for the release of Maruti Omni Van bearing Registration No. JHOIR - 6507 Chasis No.MA3EVB11500820192 seized in connection with Ghanshyampur P.S. Case No.165 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

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