Disposed

Ratnesh Kumar Mahto v. The State Of Bihar Through The Prncipal Secretary, Excise Department, Government Of Bihar, Patna an

Patna HC1 Apr 2019CR. WJC/73/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ application seeking release of seized motorcycles. Counsel admitted confiscation is a civil proceeding and sought to withdraw the criminal writ, reserving the right to file a civil writ for release. The court disposed of the application with liberty to file a civil writ.

What did the court decide?

Application disposed of with liberty to file a civil writ application for release of the motorcycles.

Ratnesh Kumar Mahto Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.73 of 2019

¶2

Arising Out of PS. Case No.-176 Year-2018 Thana- WARISNAGAR District- Samastipur

¶3

======================================================

¶4

Ratnesh Kumar Mahto Rajendra Mahto Resident of village-Purnahi, Police Station-Warisnagar District-Samastipur

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Through The Prncipal Secretary, Excise Department, Government of Bihar, Patna

¶8

The Excise commissioner, Government of Bihar, Patna Bihar

¶9

The District Magistrate, Samastipur Bihar

¶10

The Senior Superintendent of Police, Samastipur Bihar

¶11

¶12

The Excise Superintendent, Samastipur Bihar

¶13

The Station House Officer, Warisnagar Police Station, District-Samastipur Bihar

¶14

... ... Respondent/s

¶15

======================================================

¶16

Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad For the Respondent/s : Mr.Vikash Kumar Sc 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

¶17

2 01-04-2019 This application under Article 226 and 227 of the Constitution of India has been filed by the petitioner for a direction to release the motorcycles bearing Registration No. BR-33Y-8908 and Registration No. BR-33AA-5494, which have been seized in connection with Warisnagar P.S. Case No. 176 of 2018 registered under Sections 273, 290 of the Indian Penal Code and 38, 41, 30(a), 37(B) and 37(D) of Bihar Prohibition and Excise Act, 2016.

¶18

Realizing that confiscation is a civil proceeding, learned counsel appearing for the petitioner sought leave to

¶19

Patna High Court CR. WJC No.73 of 2019(2) dt.01-04-2019 2/2

¶20

withdraw the present application with liberty to file a civil writ application before this Court for release of the motorcycles.

¶21

In view of the submission made above, the application

¶22

is disposed of with the liberty aforesaid.

¶23

(Ashwani Kumar Singh, J)

¶24

pradeep/sneha

¶25

U T

Ratnesh Kumar Mahto v. The State Of Bihar Through The Prncipal Secretary, Excise Department, Government Of Bihar, Patna an

Case brief

What is this about?

What did the court decide?

Ratnesh Kumar Mahto v. The State Of Bihar Through The Prncipal Secretary, Excise Department, Government Of Bihar, Patna an

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Binay Kumar Sahay @ Binoy Kr. Sahay Vs The State Of Bihar and Ors.

Hem Chandra Verma and Anr. Vs The State of Bihar and Ors.

Bihari Ahir @ Bihari Singh and Ors. Vs Kapil Singh and Ors.

Sujit Kumar Singh Vs The State of Bihar Through The Director General of Police, Old Secretariate, Bihar, Patna and Ors.

Abhayanand Vs The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Phulwa Devi Vs The State of Bihar, Through The Principal Secretary, Home Department, Bihar, Patna Ors.