Petitioner withdrew criminal writ petition to file civil writ for release of seized motorcycle, considering confiscation as civil proceeding. Court granted leave and disposed of application.
Leave to withdraw petition granted; petition disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2497 of 2018
Arising Out of PS. Case No.-395 Year-2018 Thana- NAWADA District- Nawada
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Pushkar Chauhan, Son of Ravindra Singh, Resident of Village + P.O.- Karma, P.S.- Jhumri Tilaiya, District-Kodarma (Jharkhand).
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr. Hansraj, Advocate For the Respondents : Mr. Vikash Kumar, SC-11 ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the Hero Passion Pro Motorcycle bearing Registration No. JH12H-3968, which has illegally been seized in connection with Town (Bundelkhand) P.S. Case No.395 of 2018 registered under 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 to file a civil writ application for the release of Hero Passion Pro Motorcycle bearing Registration No. JH-12H-3968 seized in connection
Patna High Court CR. WJC No.2497 of 2018(3) dt.17-09-2019 2/2
with Town (Bundelkhand) P.S. Case No. 395 of 2018.
Leave is granted.
The writ petition is disposed of.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
Pushkar Chauhan
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar
The District Magistrate, Nawada
The Superintendent of Police, Nawada
The S.H.O., Town (Bundelkhand) Police Station, Nawada
Ashwani Kumar Singh
As recorded by the court registry
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