Manoj Sahni @ Manoj Kumar v. The State Of Bihar Through Principal Secretary, Department Of Exicse And Prohibition, Government
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.62 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- MAHESI District- East Champaran ====================================================== Manoj Sahni @ Manoj Kumar, son of Mushafir Sahni, resident of village - Bakhri Najir, P.S.- Mehsi, District-East Champaran. ... ... Petitioner
Versus
1.
The State of Bihar, through Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna 2.
The District Magistrate, Motihari, East Champaran 3.
The Superintendent of Police, Motihari, East Champaran. 4.
The Superintendent of Excise, Motihari, East Champaran 5.
The Officer- in - Charge, Excise Motihari, East Champaran ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Rajive Ranjan Singh, Advocate For the Respondents :
Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2019 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 Hero Honda Splender Plus motorcycle bearing Registration No. BR 06BJ 9221, Engine No.HA10AGHHC78393, which has illegally been seized in connection with Mehsi P.S. Case No.257 of 2018 under Sections 37(a)(b), 30 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 present writ petition with liberty to the petitioner
Patna High Court CR. WJC No.62 of 2019(2) dt.08-04-2019 2/2 to file a civil writ application for the release of Hero Honda Splender Plus motorcycle bearing Registration No. BR 06BJ 9221, Engine No.HA10AGHHC78393, seized in connection with Mehsi P.S. Case No. 257 of 2018.
Leave is granted.
The writ petition is disposed of.
(Ashwani Kumar Singh, J.) Sanjeet/R.Ranjan U T