Hira Jhari Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3947 of 2018 ====================================================== Hira Jhari Devi, Wife of Late Munilal Sah alias Munilal Gupta, Resident of Village- Bohpur, P.S.- Bihta, District- Patna at present Mohalla- Ashok Nagar Road No.3, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. Commission, Excise Bihar, Patna.
4. Senior Superintendent of Police, Patna District- Patna.
5. Station Head Officer, Kankarbagh Police Station, Patna.
6. Investigating Officer, Kankarbagh Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Dular Sah, Advocate For the Respondent/s :
Mr. Vivek Prasad-GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-03-2018 This writ petition has been filed for a direction to the respondents to unlock the room of the petitioner which has been sealed in connection with Kankarbagh P.S. Case No.162 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, 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.
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case,
Patna High Court CWJC No.3947 of 2018(2) dt.06-03-2018 2/2 the aforesaid premises in question shall be released to the petitioner on her furnishing bank guarantee to the satisfaction of District Magistrate, Patna within a period of one week from the date of her furnishing the bank guarantee and further undertaking not to alienate or create third party interest or deal with the properties in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U