Guddu Rai @ Ritesh Ray v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3374 of 2018 Arising Out of PS. Case No.-645 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Guddu Rai @ Ritesh Ray, S/o - Late Shyam Sundar Ray, resident of Rambag, Sarnna Chowk, P.S.- Sadar, District- Purnea.

... ... Petitioner

Versus

1.

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

2.

The Collector -cum -District Magistrate, Purnea. 3.

The Superintendent of Police, Purnea.

4.

The S.H.O., Sadar Police Station, P.S.- Sadar, District- Purnea. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Jha, Advocate For the Respondents :

Mr. Anil Kumar Sinha, GA-1 ====================================================== 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 Pulsar Motorcycle bearing Registration No. BR-39L-4505 Engine No.E210439 which has illegally been seized in connection with Sadar P.S. Case No. 645 of 2018 under Sections 272, 273 of the Indian Penal Code and Section 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.3374 of 2018(2) dt.08-04-2019 2/2 to file a civil writ application for the release of Pulsar motorcycle bearing Registration No. BR-39L-4505 seized in connection with Sadar P.S. Case No. 645 of 2018. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Sanjeet/- U