Lakshman Sah @ Lakshman Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3757 of 2018 ====================================================== Lakshman Sah @ Lakshman Prasad Sah, Son of Late Chhatti Lal Sah, resident of Village- Garkha, P.S.- Garkha, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Saran at Chapra.

3. The Assistant Excise Commissioner, Saran at Chapra.

4. The Superintendent of Excise, Saran at Chapra.

5. The Superintendent of Police, Saran at Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-03-2018 Having heard learned counsel for the parties, we find that the house/hotel of the petitioner has been sealed by the police officials in connection with Saran Excise Case No. 309 of 2017 for violation of the Bihar Prohibition and Excise (Amendment) Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

In view of the above, pending criminal case or

Patna High Court CWJC No.3757 of 2018 (2) dt.05-03-2018 2/2 confiscation proceedings, we direct the house/hotel in question mentioned hereinabove to be unsealed and possession handed over to the petitioner within a week, if not already auctioned, in connection with the aforementioned case on the petitioner furnishing two surety bonds to the satisfaction of the District Magistrate, Saran at Chapra, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U