Patna High CourtCWJC/2136/2018disposed

Raghunath Singh v. The State Of Bihar And ORS

2018-02-23The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2136 of 2018 ====================================================== Raghunath Singh, Son of Late Shivpujan Singh, resident of Village- Singahi, P.S.- Manjhi, District- Saran at Chapra.

... ... 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, Saran at Chapra.

3. The Assistant Excise Commissioner, Saran at Chapra.

4. The Superintendent of Excise, Saran at Chapra.

5. The Superintendent of Police, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Respondent/s :

Mr. ANIL KUMAR SINHA- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-02-2018 The house of the petitioner situated at Khata No. 1473 in village- Singahi, P.S. Manjhi, District Saran at Chapra has been sealed and recommended for confiscation to the District Magistrate, Chapra in connection with Manjhi P.S. Case No. 156 of 2017 under the Bihar Prohibition and Excise Act, 2016. Seeking release of the house in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized house has been directed to be unsealed.

Keeping in view the aforesaid, this petition is also

Patna High Court CWJC No.2136 of 2018(2) dt.23-02-2018 2/2 allowed and the house in question, situated at Khata No. 1473 in village- Singahi, P.S. Manjhi, District Saran at Chapra shall be unsealed and possession handed over to the petitioner on furnishing adequate Bank Guarantee within one week from the date of furnishing Bank to the satisfaction of the District Magistrate, Chapra, subject to the condition that the petitioner shall not alienate or create any third party interest or deal with the house in question in any manner so as to prejudice the right of the State in confiscation proceeding.

With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U