Vinod Yadav 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.3201 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- GOH District- Aurangabad ====================================================== Vinod Yadav, son of Devendra Yadav @ Devnandan Yadav, resident of village-Gordiha, P.S.- Rafiganj, 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, Goh Police Station, District-Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mrs. Leelawati Kumari, Advocate For the Respondents :

Mr. Vikash Kumar, SC-11 ====================================================== 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 Tempo bearing Registration No. BR-26K-0939 which has illegally been seized in connection with Goh P.S. Case No.109 of 2018 under Sections 30(a), 38 and 47 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 to file a civil writ application for the release of Tempo bearing Registration No. BR-26K-0939 seized in connection with Goh

Patna High Court CR. WJC No.3201 of 2018(2) dt.08-04-2019 2/2 P.S. Case No. 109 of 2018.

Leave is granted.

The writ petition is disposed of.

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