Ashok Ray v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3268 of 2018 Arising Out of PS. Case No.-308 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Ashok Ray S/o Bharat Rai, Resident of Village- Mangarpal Nuran, P.S. Dariyapur, District- Saran.

... ... Petitioner

Versus

1.

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

The District Magistrate-cum- Collector, Vaishali at Hajipur. 3.

The Superintendent of Police, Vaishali at Hajipur. 4.

The Excise Superintendent, Vaishali at Hajipur. 5.

The Station House Officer of Lalganj, Police Station. 6.

The Investigating Officer of Lalganj, P.S. Case No. 308/2018 ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Respondent/s :

Mr.Vivek Prasad Gp-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-07-2019 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release Bolero bearing Registration No. JH10G/6815, which has been illegally seized in connection with Lalganj P. S. Case No. 308 of 2018 under Section 414 of the Indian Penal Code and Section 30(a), 32(2) and 41(1) of the Bihar Prohibition & 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

Patna High Court CR. WJC No.3268 of 2018(2) dt.08-07-2019 2/2 writ application for the release of Bolero bearing Registration No. JH10G/6815 seized in connection with Lalganj P. S. Case No. 308 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T