Deep Narayan Chaudhary @ Deep Nr. Bin v. The State Of Bihar Through Principal Secretary, Excise Department Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2126 of 2018 Arising Out of PS. Case No.-184 Year-2017 Thana- MANJHI District- Saran ====================================================== Deep Narayan Chaudhary @ Deep Nr. Bin S/o Ramdeo Chaudhary @ Ramdeo Bin, R/o Vill.- Dumaigadh, Nayka Tola, P.S.- Manjhi, DistrictSaran. ... ... Petitioner/s

Versus

1. The State of Bihar Through Principal Secretary, Excise Department Bihar, Patna.

2. District Magistrate, Saran, District- Saran.

3. Officer In Charge, Manjhi Police Station, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Respondent/s :

Mr. Vivek Prasad (Gp 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

This application has been filed for a Mandamus directing the State respondents to release/unseal the House of the petitioner seized in connection with Manjhi P. S. Case No. 184 of 2017 registered under Sections 30(a), 38 of Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that as per the allegations, 30 liter Mahua illegal liquor has been recovered from the House. It is submitted that the petitioner has not received any notice of confiscation proceeding for the property in question.

Patna High Court Cr. WJC No.2126 of 2018(2) dt.24-09-2018 2/2 Learned counsel for the State is present.

Pending initiation/finalization of confiscation proceeding pursuant to Manjhi P. S. Case No. 184 of 2017, let the House of the petitioner be de-sealed and possession be handed over to the petitioner on the petitioner depositing the original title deed of the property in question as security with one surety to the extent of value of the property with the court below. On submission of the original title deed of the property in question with the surety, the House shall be de-sealed and possession be handed over within two days thereof. The title deed deposited by the petitioner shall be kept in safe custody of the court below.

The owner of the property shall undertake that during the pendency of the confiscation proceeding he will not deal with the property in question and shall not create any third party interest whatsoever.

The application is allowed to the extent as stated hereinabove.

(Rajeev Ranjan Prasad, J) avin/- U T