Rajesh Kumar v. The State Of Bihar Through The Secretary Department Of Excise Government Of Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3167 of 2018 Arising Out of PS. Case No.-291 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Rajesh Kumar, son of Rameshwar Yadav, Resident of Village-Feshra, P.S.- Feshra, District- Aurangabad.

... ... Petitioner

Versus

1.

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

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Officer in Charge, Aurangabad Town Police Station, DistrictAurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Ms. Leelawati Kumari, Advocate For the Respondents :

Mr.Vivek Prasad, GP-7 ====================================================== 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 Splendor Pro motorcycle bearing Registration No. BR-26E-7038, which has illegally been seized in connection with Aurangabad Town P.S. Case No. 291 of 2018 under Sections 414 of the Indian Penal Code and 30(a) 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.3167 of 2018(2) dt.08-04-2019 2/2 to file a civil writ application for the release of Splendor Pro motorcycle bearing Registration No. BR-26E-7038 seized in connection with Aurangabad P.S. Case No. 291 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanU T