Virendra Kumar v. The State Of Biha Through The Principal Secretary, Registration, Excise And Prohibition Department,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2970 of 2018 Arising Out of PS. Case No.-566 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Virendra Kumar Son of Maheshwar Sah, resident of Village- Saraigarh, Ward No. 11, Police Station- Bhapliahi, District- Supaul. ... ... Petitioner/s
Versus
1.
The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department, 2.
The Principal Secretary, Registrateion, Excise and Prohibition Department, Government of Bihar, Pat 3.
The Collector-cum- District Magistrate, Sitamarhi. 4.
The Superintendent of Excise, Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Respondent/s :
Mr.Vivek Prasad Gp-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2019 The instant application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for a direction to the respondents to release the vehicle bearing Registration No. BR 50 J-6796, which has been seized in connection with Runnisaidpur P.S. Case No. 566 of 2018 dated 27.09.2018 registered under Sections 279/427 of the Indian Penal Code and Section 37(B)(C), 30, 30(g), 38(I)(II) of Bihar Prohibition And Excise Act, 2016.
At the outset, learned counsel for the petitioner submitted that this application has wrongly been filed as criminal writ petition. He contended that since confiscation is a
Patna High Court CR. WJC No.2970 of 2018(2) dt.01-04-2019 2/2 civil proceeding, he may be permitted to withdraw the present application with liberty to file civil writ application in the same subject matter.
Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) pradeep/-sneha U T