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Patna High CourtCR. WJC/2870/2018disposed

Mukesh Kumar v. The State Of Bihar Through Its Principal Secretary, Excise Department, Government Of Bihar, Old Sec

2019-04-09Mr. Justice Ashwani Kumar Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2870 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== Mukesh Kumar, S/o Ram Naresh Singh, resident of village- Rajauli, P.SDeodha, Distt- Madhubani, at present H.No. 159 Near water pump area, Shakarpur East Delhi.

... ... Petitioner/s

Versus

The State Of Bihar Through Its Principal Secretary, Excise Department, Government Of Bihar, Old Secretariat, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Kumar Manish Sc-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-04-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for a direction to the respondent to release the Super Splendar Motorcycle bearing Registration No. DL-5S-BA-2250, which has been seized in connection with Basopatti P.S. Case No. 113 of 2018 registered under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

Realizing that confiscation is a civil proceeding, learned counsel for the petitioner sought leave to withdraw the present application with liberty to file a civil writ application before this Court in the same subject matter. Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) pradeep/sneha U T