Allowed

Virendra Kumar v. The State Of Biha Through The Principal Secretary, Registration, Excise And Prohibition Department

Patna HC1 Apr 2019CR. WJC/2970/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of a Criminal Writ Application seeking release of a seized vehicle. The court granted the petitioner's application to withdraw the criminal writ petition with liberty to file a civil writ application in the same subject matter, recognizing confiscation as a civil proceeding.

What did the court decide?

Leave granted to withdraw the present application with liberty to file a civil writ application in the same subject matter. The application is disposed of.

Virendra Kumar Vs The State Of Biha Through The… — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2970 of 2018

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Arising Out of PS. Case No.-566 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi

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Virendra Kumar Son of Maheshwar Sah, resident of Village- Saraigarh, Ward No. 11, Police Station- Bhapliahi, District- Supaul.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department,

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The Principal Secretary, Registrateion, Excise and Prohibition Department, Government of Bihar, Pat

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The Collector-cum- District Magistrate, Sitamarhi.

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The Superintendent of Excise, Sitamarhi.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Respondent/s : Mr.Vivek Prasad Gp-7 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 01-04-2019 The instant application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for a direction to the respondents to release the vehicle bearing Registration No. BR 50 J-6796, which has been seized in connection with Runnisaidpur P.S. Case No. 566 of 2018 dated 27.09.2018 registered under Sections 279/427 of the Indian Penal Code and Section 37(B)(C), 30, 30(g), 38(I)(II) of Bihar Prohibition And Excise Act, 2016.

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At the outset, learned counsel for the petitioner submitted that this application has wrongly been filed as criminal writ petition. He contended that since confiscation is a

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Patna High Court CR. WJC No.2970 of 2018(2) dt.01-04-2019 2/2

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civil proceeding, he may be permitted to withdraw the present application with liberty to file civil writ application in the same subject matter.

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Leave is granted. The application is disposed of.

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(Ashwani Kumar Singh, J)

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pradeep/-sneha

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