Krishna Devi @ Rina Devi v. The State Of Bihar Through The Principal Secretary, Excise, Prohibition And Registration Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.290 of 2018 ======================================================

1. Krishna Devi @ Rina Devi W/o Late Bindeshwar Khirhar, R/o VillageAmghatta Khirhar Tola, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Excise, Prohibition & Registration Department, Government of Bihar, Patna.

2. The Collector Cum District Magistrate, Sitamarhi.

3. The Superintendent of Excise, Sitamarhi.

4. The Officer In Charge of Sitamarhi Police Station, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Respondent/s : Mr. Vikash Kumar (SC-XI) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner in the present case has prayed for desealing of the house, which has been sealed in connection with Sitamarhi P.S. Case No.564 of 2017, District-Sitamarhi for the offence under Sections 56, 57, 58, 61, 62 and 63 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that for the purpose of de-sealing of the house in question provisionally, petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court.

Considering the facts and circumstances, pending

Patna High Court Cr. WJC No.290 of 2018 (2) dt.29-03-2018 finalization of the confiscation proceeding, let the house of the petitioner be de-sealed provisionally on production of document of title in respect of the house in question and the petitioner furnishes a surety bond of Rs.3,00,000/- (three lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Sitamarhi/authority concerned. The District Magistrate, Sitamarhi shall get prepared a photograph duly certified and a Panchnama of the house in sealed condition before de-sealing of the same and the same will be kept on the record.

The petitioner undertakes not to challenge the said photograph and Panchanama in course of trial or the confiscation proceeding, as the case may be.

The petitioner shall also give an undertaking that she will not deal with the house in question in favour of any third party or create any interest adverse to the interest of the State without permission of the authority concerned/Court and shall not allow any illegal act to be committed in the house in question. The petitioner shall also give an undertaking that if any portion of the house is rented out she will get done prior police verification of the said person before handing over the possession of any part of the house.

Patna High Court Cr. WJC No.290 of 2018 (2) dt.29-03-2018 The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T