Harendra Chaudhari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17671 of 2017 ====================================================== Harendra Chaudhari, Son of Late Sanjay Chaudhari, Resident of VillageHussainganj, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna.

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Officer in Charge, Hussainganj Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr. ANIL KUMAR SINHA - GA - 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-12-2017 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed vide order dated 4.5.2017 by the police officials in connection with Hussainganj P.S. Case No.113 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.17671 of 2017(2) dt.11-12-2017 2/2 confiscation proceedings, we direct the District Magistrate-cumCollector, Siwan, on the petitioner furnishing bank guaranty to the satisfaction of the District Magistrate-cum-Collector, Siwan, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, if not already auctioned, in connection with the aforementioned case, 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) K.C.Jha/- U