Munna Gupta @ Suresh Kumar Sah @ Suresh Kumar v. The State Of Bihar Through The Commissioner, Excise Department, Government Of Bihar, New Secretaria

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3240 of 2018 Arising Out of PS. Case No.-48 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Munna Gupta @ Suresh Kumar Sah @ Suresh Kumar S/o Late Langad Sah @ Ishwar Sah, Resident at Village- Barobiha, P.S.- Nasriganj, DistrictRohtash. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Commissioner, Excise Department, Government of Bihar, New Secretariat 2.

The Collector-cum-District Magistrate, Rohtash at Sasaram. 3.

The Superintendent of Police, Rohtash at Sasaram. 4.

Sri Chandramani, Sub-Inspector, Excise Department, District- Rohtash. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Sharma For the Respondent/s :

Mr. Vikash Kumar SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for direction to the respondents to release the vehicle bearing Registration No. BR24N-2592 in favour of the petitioner, which has been seized in connection with Excise Case No. 48 of 2016 dated 02.08.2016 registered under Sections 47(a) of Bihar Prohibition And Excise Act, 2016.

Learned counsel for the petitioner submitted that confiscation proceeding has already been initiated with respect to the vehicle in question. She submitted that since the confiscation is a civil proceeding, she may be permitted to

Patna High Court CR. WJC No.3240 of 2018(2) dt.01-04-2019 2/2 withdraw the present application with liberty to file a civil writ application in the same subject matter.

Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) pradeep/sneha U T