Hari Narayan Mahato v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3162 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Hari Narayan Mahato S/o Late Munni Lal Mahato, Resident of VillageSalempur, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Excise Commissioner, Tirhut Range, Patna. 3.

The Collector, Sheohar.

4.

The Superintendent of Police, Sheohar.

5.

The Excise Superintendent, Sheohar.

6.

The Station Head Officer, Police Station Triyani. 7.

The Investigating Officer, Triyani, P.S. Case No. 57/2018. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Respondent/s :

Mr.Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-07-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release Glamour Motorcycle bearing registration no. BR06AQ-2465 which has been seized in connection with Triyani P.S. Case No.57 of 2018 registered under Section 30(a) and 38 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 instant writ petition with liberty to the petitioner to file a civil

Patna High Court CR. WJC No.3162 of 2018(2) dt.09-07-2019 2/2 writ application for release of Glamour Motorcycle bearing registration no. BR06AQ-2465 seized in connection with Triyani P.S. Case No.57 of 2018.

Leave is granted.

The writ petition is disposed of.

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