Disposed

Raj Kishor Sharma @ Ram Kishor Sharma @ Rajkishor Mistri v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

Patna HC11 Sept 2019CR. WJC/67/2019

Case brief

AI extract

What is this about?

Petitioner withdrew a writ petition seeking release of a seized vehicle in an excise case, citing the civil nature of confiscation proceedings. The court granted leave to withdraw and disposed of the writ petition.

What did the court decide?

Leave granted to withdraw the writ petition; the writ petition is disposed of.

What the court decided

Raj Kishor Sharma @ Ram Kishor Sharma @ Rajkishor Mistri Vs The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.67 of 2019

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Arising Out of PS. Case No.-167 Year-2017 Thana- MAHESHKHUNT District- Khagaria

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Raj Kishor Sharma @ Ram Kishor Sharma @ Rajkishor Mistri son of Chandeshekhar Sharma, resident of village - Rasalpur (Murli), P.S.- Salakhua, Dist.- Saharsa.

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... ... Petitioner

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Versus

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The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariate, Patna.

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The District Magistrate Khagaria.

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The Superintendent of Police , Khagaria

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The S.H.O. Maheshkhunt Police Station, Khagaria.

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... ... Respondents

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Appearance :

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For the Petitioner : Mr.Indrajit Kumar, Advocate For the Respondent-State: Mr.Vivek Prasad, GP-7

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 11-09-2019 This writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the vehicle Pick-up Model-207 bearing Registration No.BR19B4699, which has been illegally seized in connection with Maheshkhunt P. S. Case No. 167 of 2017 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 writ application for the release of vehicle Pick-up

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Patna High Court CR. WJC No.67 of 2019(2) dt.11-09-2019 2/2

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Model-207 bearing Registration No.BR19B4699 seized in

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connection with Maheshkhunt P. S. Case No. 167 of 2017.

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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)