Vijul Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7287 of 2018 =========================================================== Vijul Choudhary, Son of Late Bishwanath Choudhary, Resident of VillageMirzapur, P.S.-Awatar Nagar, District-Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Saran at Chapra.

2. The Collector, Saran, Chapra.

3. The Superintendent of Police, Saran, Chapra.

4. The Senior Dy. Collector, Saran, Chapra.

5. The Assistant Excise Commissioner, Saran, Chapra.

6. The Excise Superintendent, Saran Chapra.

7. The Station House Officer, Awatar Nagar, Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Tej Pratap Singh For the Respondent/s : Mr. LALIT KISHORE -AG =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-04-2018 This writ petition has been filed for unsealing the dwelling house of the petitioner and handing over possession of the same to the petitioner in connection with Awatar Nagar P.S. Case No. 80/2016 which has been registered due to violation of the Excise Act. The prayer made in the writ petition is to unseal the house in question and hand over possession of the same during the pendency of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings/criminal case vehicles/properties have been directed to be released by this

Patna High Court CWJC No.7287 of 2018 dt.17-04-2018 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, the aforesaid dwelling house of the petitioner shall be unsealed and possession handed over to the petitioner on his furnishing original title deed of the property in question and two local sureties to the satisfaction of District Magistrate, Saran, Chapra and further undertaking not to alienate or deal with the house in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceedings. The aforesaid house in question shall be unsealed and possession handed over to the petitioner within one week from the date of furnishing the original title deed and sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 21.04.2018 Transmission Date