Patna High CourtCR. WJC/1970/2017disposed

Sarvendra Bhushan Bhardwaj v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

2017-10-17Mr. Justice Birendra Kumar2 pages

Patna High Court Cr. WJC No.1970 of 2017 dt.17-10-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1970 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- JEHANABAD =========================================================== Sarvendra Bhushan Bhardwaj, Proprietor of Magdh Monarch Hotel, Son of Bharat Sharma, Resident of Village Paleya, P.S. Makhdumpur, District Jehanabad .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Chief Secretary, Govt. of Bihar, Patna

3. The Director General of Police, Bihar, Patna

4. The District Magistrate-cum-Collector, Jehanabad

5. The Superintendent of Police, Jehanabad

6. The Excise Superintendent, Jehanabad

7. The Senior Deputy Collector-cum-Magistrate, Jehanabad

8. The Officer-in-Charge, Makhdumpur Police Station in the district of Jehanabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arun Kumar, Advocate For the Respondents : Mr. Vivek Prasad, GP 7 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-10-2017 Heard learned counsels for the parties.

The present writ application has been filed for necessary direction to the respondents to unseal the hotel which was sealed in connection with Makhdumpur P.S. Case No. 209 of 2017 registered for alleged violation of the Excise Laws. Allegation is that foreign liquor was recovered from that premise.

After hearing the parties and considering the fact that in similar matter, a Division Bench of this Court in Cr.W.J.C. No. 605 of 2016 (Smt. Manorama Devi @ Manorma Devi vs. The State of Bihar & Ors.) has ordered unsealing of the premise, let the premise

Patna High Court Cr. WJC No.1970 of 2017 dt.17-10-2017 2/2 of the petitioner be unsealed at once and confiscation proceeding, if any going on that hotel, shall remain stayed till disposal of the L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.10.2017 Transmission Date 18.10.2017