Majister Bind v. The State Of Bihar, Through The Principal Secretary Department Of Excise, Govenment Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1370 of 2018 ====================================================== Majister Bind, Son of Ramjanam Bind, Resident of Village/MohallaBanrasia, Ward No.4, Sasaram, P.S.- Sasaram (Muffasil), District- Rohtas. .... .... Petitioner
Versus
1. The State of Bihar, Through The Principal Secretary Department of Excise, Govenment of Bihar, Patna.
2. District Magistrate, Rohtas at Sasaram.
3. The Superintendent of Police, Rohtas.
4. The S.H.O., P.S.- Sasaram Muffasil, District- Rohtas. .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. Kumar Manish (Sc-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
24-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed for directing the respondent authorities to de-seal/unlock the four brick pucca room i.e. four Kachcha room and two Pucca room i.e. residential house of the petitioner situated in village/Mohalla - Banrasia, Ward No. 4, towards west of Sasaram - Beda - Darshanadih Path, under R.S. Plot No. 82, Chak No. 60, and an area of 6 decimals within Sasaram Anchal, District - Rohtas in connection with Sasaram (M) P.S. Case No. 82 of 2017 under Section 30(a), 38(1)(2), 41(1)(2), of Bihar Excise and Prohibition Act, 2016. Learned counsel for the petitioner submits that in course of search of several houses in the village certain recoveries
Patna High Court Cr. WJC No.1370 of 2018 (2) dt.24-07-2018 were made only from the house of Saroj Kumar, son of Kedar Bind, Mantu Bind and Chandrawati Devi but the concerned authority had sealed the house of the petitioner along with others from whose house nothing has been recovered. It is submitted that some similarly situated case this court has already granted desealing/release of the house. Learned counsel for the State is present.
Learned counsel for the State is present.
In the facts and circumstances, pending finalization of the confiscation proceeding, let the aforesaid rooms (four Kachcha room and two Pucca room i.e. residential house) of the petitioner be de-sealed/released provisionally within a week on production of document of title in respect of the house in question and the petitioner furnishes a surety bond of Rs. 10,00,000/- (Ten Lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Rohtas at Sasaram/authority concerned.
The District Magistrate, Rohtas at Sasaram shall get prepared a photograph duly certified and a Panchnama of the rooms 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
Patna High Court Cr. WJC No.1370 of 2018 (2) dt.24-07-2018 or the confiscation proceeding, as the case may be. The petitioner shall also give an undertaking that he will not deal with the rooms 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 rooms in question. The petitioner shall also give an undertaking that if any room is rented out he will get done prior police verification of the said person before handing over the possession of the rooms in question.
The application stands disposed of.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T