Shashikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.701 of 2026 ====================================================== Shashikant, son of Late Haridwar Bhagt, resident of Anandpuri, Boring Canal Road, Manorma Appartment, P.S.-Shrikrishnapuri, District-Patna through its General Power of Attorney Holder, Rohit Kumar son of Binod Prasad Gupta resident of Adarsh Colony, Kidwaipuri, P.S. Kotwali, District-Patna-800001 ... ... Petitioner

Versus

1.

The State of Bihar through Secretary, Department of Prohibition and Excise, Vikas Bhawan, Nehru Path, Patna.

2.

The District Magistrate, Patna 3.

The Senior Superintendent of Police, Patna 4.

The SHO, Parsa Bazar P.S., District Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Aditya Sahay, Advocate For the State :

Mr. Sita Ram Yadav, GP-16 Mr. Rakesh Kumar Shrivastava, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 14-05-2026 After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to prefer an appeal against the order of confiscation.

2. Learned counsel for the State has no objection to the same.

3. Having regard to the prayer made, we allow learned counsel for the petitioner to withdraw the writ application and seek his statutory remedy, if any, available to the petitioner.

4. If any such appeal is preferred within a period of thirty days from today and a question of limitation would arise

Patna High Court CWJC No.701 of 2026(4) dt.14-05-2026 2/2 for consideration, the same will be considered by the Appellate Authority keeping in view that this writ application remained pending for quite some time before this Court and it was filed on some legal advice. It is expected that after filing of the appeal, the same shall be considered and disposed of within a reasonable period preferably within a period of three months.

5. While parting with this order, we make it clear that we are not entering into the merits of the case and permitting the petitioner to withdraw this writ application and to avail any other remedy in accordance with law shall not cause prejudice to the rights and contentions of any of the parties who are not before this Court.

6.

This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) ( Soni Shrivastava, J) SUSHMA2/- U