Chandan Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3711 of 2018 ====================================================== Chandan Mandal, son of late Bhagwat Mandal, resident of Ward No.1, Village-Lalpatti, Panchyat-Tulapatti, Police Station-Pipra, Post Office-Katiya Mahae, District-Supaul.

... ... Petitioner/s

Versus

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

2. The Collector, Supaul.

3. The Excise Superintendent, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girijish Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 This writ petition has been filed for a direction to the respondents to unseal and release the room/premises of the petitioner situated in Ward No.1, Khata No.72, Khesara No.376, Village-Lalpatti, Panchayat-Tulapatti, Police Station-Pipra, Post Office- Katiya Mahae, District-Supaul, which has been sealed in connection with Excise Case No.301 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.3711 of 2018(2) dt.26-02-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid premises in question shall be released to the petitioner on his furnishing bank guarantee to the satisfaction of Collector, Supaul, within a period of one week from the date of his furnishing the bank guarantee and further undertaking not to alienate or create third party interest or deal with the properties in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U