Md. Sahjad v. The State Of Bihar Through Principal Secretary, Home Department, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.519 of 2018 Arising Out of PS.Case No. - 253 Year- 2016 Thana - Khajekalan District- PATNA =========================================================== Md. Sahjad Son of Md. Niyamat Miya Resident of Village- Imambara Ki Gali, Neem Ghat, Khajekalan, Patna City, P.S.- Khajekalan, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Home Department, Government of Bihar, Patna.

2. The District General of Police, Bihar, Patna.

3. The Inspector General, Patna Zone, Patna

4. The Deputy Inspector General, Patna Zone, Patna.

5. The District Magistrate, Patna.

6. The Senior Superintendent of Police, Patna.

7. The Superintendent of Police (East), Patna.

8. The Sub-Divisional Police officer, Patna City, Patna.

9. The State House Officer, Khajekalan, District Patna.

10. The Executive Magistrate, Patna City, Patna.

11. The Union of India through Chief Controller of Explosives, Government of India, Ministry of Commerce and Industry, Petroleum and Explosives Safety Organisation, Nagpur.

12. The Controller of Explosive, Mahavir Complex, Adarsh Colony, P.O. New Jaganpur, Patna.

.... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate, Mr. Rakesh Kumar Sharma and Mr. Amresh Kumar, Advocates.

For the Respondent/s : Mr. Mr. Ravi Verma, AC to GP 4, Mr. S.D. Sanjay, ASG and Mr. Ravinder Kumar Sharma, C.G.C.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 03-05-2018 Learned counsel for the petitioner as well as learned counsel representing the respondents State of Bihar and its authorities and the Union of India are unanimous to the extent that the present case which arises out of Khajekalan P.S. Case No. 253 of 2016 dated

Patna High Court Cr. WJC No.519 of 2018 dt.03-05-2018 2/2 04.10.2016 being a similar matter to that of those criminal writs which have already been disposed of by this Court, this Court would direct the respondents to deseal the shop of the petitioner in question subject to the same terms and conditions which have been provided by this Court in its order passed in Cr.W.J.C. No. 2648/2017 (Md. Shamsad @ Kaiju Vs. The State of Bihar & Ors.) and Cr.W.J.C. No. 645/2018 Md. Chiraguddin @ Gabbar Vs. The Stae of Bihar & Ors.). On satisfying the conditions aforesaid, the shop of the petitioner shall also be released within a period of one week.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.05.2018 Transmission Date 03.05.2018