Sanni Sah @ Shani Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6719 of 2022 ====================================================== Sanni Sah @ Shani Sah S/o Munsi Sah Resident of Village Salash, PostBarahuli Kala, P.S. Kochas, District-Rohtas ... ... Petitioner/s

Versus

1.

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

2.

The Addl. Chief Secrerary, Excise Department, Govt. of Bihar, Patna. 3.

The Excise Commissioner Excise and Prohibition Department, Govt. of Bihar, Patna.

4.

The District Magistrate, Rohtas at Sasaram.

5.

The Assistant Excise Commissioner, Sasaram, Rohtas. 6.

The Circle Officer, Kochas, Rohtas 7.

The Officer-Incharge, Porsethua O.P., Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P.-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 12-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.6719 of 2022 dt.12-05-2022 2/3 Allegation is of recovery of two sealed bottles of Royal Stag, each containing 108 ml. from the room situated behind the Prabhu Basera Line Hotel.

Learned counsel for the petitioner submits that the property in question has been purchased by Rajmuni Devi vide Sale Deed No. 697 dated 21.01.2000 and is the joint property of the petitioner's father and their three brothers.

Patna High Court CWJC No.6719 of 2022 dt.12-05-2022 3/3 Having heard learned counsel for the parties, we modify the order dated 16.03.2022 passed by the Additional Chief Secretary, Excise Department, Government of Bihar in Excise Revision No. 67/2022 (Annexure-4) only to the extent that the premises in question be released upon payment of penalty of Rs. 1,00,000/- (one lac only).

The instant petition stands disposed of with the aforesaid modification in the impugned order. Learned counsel for the respondents undertake to communicate this order to the appropriate authority. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.05.2022 Transmission Date