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Anjay Kumar v. The State Of Bihar Through The Principal Secretary Excise Department, Government Of Bihar, Patna an

Patna HC2 Sept 2019CR. WJC/2138/2018

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court granted leave to the petitioner to withdraw a writ petition filed u/a 226 & 227 of the Constitution with liberty to file a civil writ for the release of a vehicle seized in a prohibition case.

What did the court decide?

Leave granted to withdraw the writ petition with liberty to file a civil writ application for the release of the seized vehicle.

Anjay Kumar Vs The State Of Bihar Through The… — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2138 of 2018

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Arising Out of PS. Case No.-374 Year-2018 Thana- PHULWARISHARIF District- Patna

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Anjay Kumar Son of Late Mahendra Choudhary, Resident of Village- Jat Dumari, P.S.- Punpun, District- Patna.

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... ... Petitioner

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Versus

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

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The Senior Superintendent of Police, Patna.

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The City S.P. Patna, District- Patna.

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The S.H.O., Ram Krishna Nagar, Police Station District- Patna.

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... ... Respondents

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Appearance : For the Petitioner : Mr.Arvind Prasad Singh, Advocate For the Respondent-State: Mr.Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 02-09-2019 This writ petition under Articles 226 & 227 of the

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Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the goods carrier vehicle bearing Registration No. BRO1 GD7152, which has been illegally seized in connection with Special Case No. 4830 of 2018 arising out of Phulwarisharif (Janipur) P.S. Case No. 364 of 2018 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

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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

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Patna High Court CR. WJC No.2138 of 2018(2) dt.02-09-2019 2/2

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writ application for the release of vehicle bearing Registration No. BRO1 GD-7152 seized in connection with Special Case No. 4830 of 2018 arising out of Phulwarisharif (Janipur) P.S. Case No. 364 of 2018.

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Leave is granted.

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The writ petition is disposed of.

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(Ashwani Kumar Singh, J)

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kanchan/-

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U T

Anjay Kumar v. The State Of Bihar Through The Principal Secretary Excise Department, Government Of Bihar, Patna an

Case brief

What is this about?

What did the court decide?

Anjay Kumar v. The State Of Bihar Through The Principal Secretary Excise Department, Government Of Bihar, Patna an

Case brief

What is this about?

What did the court decide?

What the court decided

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