Girdhari Prasad v. The State Of Bihar Through The Principal Secretary Home Deptt. , Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.991 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BYPASS District- Patna ====================================================== GIRDHARI PRASAD Son of Late Rampyare Ray Resident of Village - Baba Kuan, Chakaram, Road No.21, Sri Krishna Nagar, P.s.- Buddha Colony Patna (Bihar) - 800001 ... ... Petitioner

Versus

1.

The State of Bihar through the Principal secretary Home Deptt., Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Dist. Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, Patna.

6.

The Superintendent , Excise Deptt. , Patna.

7.

The Station House Officer, Bypass P.s., Patna City, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2022 Although the matter has been listed on the mentioning made for urgent hearing, no one appears on behalf of the petitioner.

On the last date i.e. 02.11.2022, when this matter was taken up for consideration, learned counsel for the petitioner submitted that there is no confiscation proceeding against the premises in question. His submission was that there being no confiscation proceeding, the same cannot be kept under sealed condition for an indefinite period.

Today, Mr. Iqbal Asif Niazi, learned AC to GP-5 for

Patna High Court CR. WJC No.991 of 2022(4) dt.29-11-2022 2/2 the State has informed this Court on instruction that in fact the confiscation proceeding has already been initiated in respect of the property in question. A counter affidavit has been filed and specific statement has been made in this regard in paragraph '9' onwards. Perusal thereof would show that the petitioner has already appeared through his Advocate in the confiscation proceeding and the next date fixed in the matter is 30.11.2022. In the aforesaid view of the mater, this writ application is being disposed of directing the Collector, Patna before whom the confiscation proceeding is pending, to hear and dispose of the same as early as possible and in any case within a period of 60 days from the date of receipt/communication of this order.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U