Pankaj Kumar v. The State Of Bihar Through The District Magistrate, Dist. Saran And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.243 of 2018 ====================================================== Pankaj Kumar, son of Chandrakesri Prasad Mahto, Resident of Sidhnath Chowk, P.O. & P.S.- Sonepur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Dist. Saran.

2. The District Magistrate, District Saran at Chhapra.

3. The Superintendent of Police, District Saran at Chhapra.

4. The Police Inspector cum Investigation Officer, Economic Offence Unit, Bihar, Patna.

5. The Superintendent of Excise, Saran at Chhapra.

6. The Deputy Superintendent of Excise, Saran.

7. The Executive Magistrate, Sub-Division, Sadar Chhapra, District Saran.

8. The Station House Officer, Sonepur, Police Station, Dist.- Saran at Chhapra.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the E.O.U. : Mr. V.N.P. Sinha, Sr.Adv. Ms. Soni Shrivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2018 Learned counsel for the petitioner seeks permission to withdraw this writ application with a liberty to the petitioner to file a fresh application duly constituted in which he may not only challenge the order passed in the confiscation proceeding but also challenge the virus of the provisions under the Bihar Prohibition and Excise Act, 2016 wherein the Collector-cum-District Magistrate, being an Executive, has been conferred with the power to pass an order of confiscation.

Permission is granted.

Patna High Court Cr. WJC No.243 of 2018 (2) dt.26-02-2018 The application is dismissed as not pressed with the liberty aforesaid.

(Rajeev Ranjan Prasad, J) Arvind/- U T