Jaswant Singh @ Jogir @ Jashbant Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4638 of 2019 In Criminal Writ Jurisdiction Case No.1325 of 2019 ====================================================== Jaswant Singh @ Jogir @ Jashbant Singh, S/O Gurunam Singh, r/o VillageJharwan p/s- Rajpura District- Patiyala (Punjab). ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition Govt. of Bihar at Patna.

2.

The District Magistrate Saran at Chapra.

3.

The Superintendent of Police Saran at Chapra. 4.

The Officer-in-charge Baniyapur Police Station at Baniyapur, District Saran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-08-2022 The instant application has been filed by the petitioner for restoration of Cr.W.J.C. No. 1325 of 2019, which was dismissed for want of prosecution vide order dated 06.11.2019. Considering the pleadings made in the application and the submissions advanced at the Bar, Cr.W.J.C. No. 1325 of 2019 is directed to be restored to its original file. Cr.W.J.C. No. 1325 of 2019 This application has been filed by the petitioner with a prayer to direct the respondents to release the truck bearing registration no.

PB-11BK-7491, Chasis No.

MAT466422E5A00406, Engine No. 31M84137196, which was

Patna High Court MJC No.4638 of 2019(3) dt.10-08-2022 2/2 seized by the police in connection with Baniapur P.S. Case No. 136 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. At the outset, it has been pointed out by the learned counsel for the State that during the pendency of the application the confiscation proceeding in connection with the vehicle has been completed and the vehicle in question has been confiscated by the State.

In view of the changed circumstances, learned counsel fore the petitioner seeks leave to withdraw the present application with liberty to challenge the order passed by the confiscating authority by way of filing an appeal. Leave is granted. The application is disposed of as withdrawn.

(Ashwani Kumar Singh, J) Pradeep/- U T