Uma Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3875 of 2018 In Civil Writ Jurisdiction Case No.1394 of 2018 ====================================================== Uma Shankar Singh, S/o Late Ram Bachan Singh @ Ram Bachan Kharwar, R/o Village- Bisharampur, P.S. Dinara (Bhanas), District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Rohtas.

3. The Superintendent of Excise, Rohtas at Sasaram.

4. The S.H.O. Dinara (Bhanasd) Police Station, Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Respondent/s :

Mr. Amaresh Kumar Sinha, AC to GA- 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 04-12-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

This application has been preferred seeking modification in the order dated 29.01.2018 passed in CWJC No.1394 of 2018.

In the order dated 29.01.2018 while directing for unsealing of the house/land/premise(s) in question, this Court had imposed a condition whereunder the petitioner has been obliged to furnish bank guarantee to the satisfaction of the Collector cum District Magistrate, Rohtas at Sasaram within a period of one week from the date of his furnishing bank

Patna High Court MJC No.3875 of 2018(3) dt.04-12-2018 2/3 guarantee.

Learned counsel for the petitioner submits that under the provisions of the Bihar Prohibition and Excise Act, 2016, the maximum order which may be passed by the confiscating authority is to confiscate the house in question. Under these conditions where the property itself is subjected to confiscation proceeding no bank is ready to provide bank guarantee on taking that property as surety and, therefore, the petitioner is unable to furnish bank guarantee.

In similar circumstances, the Hon'ble Division Bench of this Court has taken a view that in such cases where the provisional release of the house is allowed, the petitioner may be directed to deposit the original title deed of the property in question instead of bank guarantee. Several orders to that effect have been passed earlier.

Keeping in view all those orders we think it just and proper to modify the order dated 29.01.2018 to the extent that on petitioner depositing the original title deed of the house/land/premise(s) in question as security with the Collector cum District Magistrate, Rohtas at Sasaram with personal surety bond the house/land/premise(s) of the petitioner shall be unsealed and possession be handed over to the petitioner within

Patna High Court MJC No.3875 of 2018(3) dt.04-12-2018 3/3 a period of seven days from the date of deposit of the title deed and surety bond.

To that extent the order dated 29.01.2018 passed in CWJC No.1394 of 2018 stands modified.

The modification application is allowed.

(Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) skpathak/- U