Ravinesh Kumar v. The State Of Bihar Through The Department Of Excise, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2464 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Ravinesh Kumar, Son of Uday Shankar Singh @ Uday Shankar Sharma, Resident of Ward No.06, village-Mahathi, P.S.-Vibhutipur, DistrictSamastipur. ... ... Petitioner

Versus

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

2. The District Magistrate, Araria.

3. The Superintendent of Police, Araria.

4. The Excise Superintendent, Araria.

5. Prabhat Kumar, Excise Sub Inspector of Police, Araria-cum-Investigating Officer of the case.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

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

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-07-2019 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 Alto 800 car bearing Registration No. BR-01DE-3374, which has been seized in connection with Excise Special Case No.1031 of 2018 arising out of Excise Case No.38 of 2018 registered under Sections 30(a) and 32(3) 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

Patna High Court CR. WJC No.2464 of 2018(2) dt.31-07-2019 2/2 present writ petition with liberty to the petitioner to file a civil writ application for the release of Maruti Alto 800 car bearing Registration No. BR-01DE-3374 seized in connection with Excise Special Case No. 1031 of 2018 arising out of Excise Case No. 38 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U T