Raghubar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6400 of 2018 ====================================================== Raghubar Prasad Singh, aged 84 years S/o late Ram Jatan Singh Resident of Shiv Shankar Path, Near Jay Gurudev Kirana, Holding no. 650/503 Ward No. 36, Khata No. 198, Khesra no. 334 P.O. Ramna, P.S. Mithanpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

2. Collector-Cum-District Magistrate, Muzaffarpur.

3. Excise Superintendent, Muzaffarpur.

4. Senior Superintendent of Police, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Respondent/s : Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-04-2018 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed vide order dated 9.10.2016 by the police officials in connection with Mithanpura P.S. Case No.239 of 2016 for violation of the Bihar Prohibition and Excise (Amendment) Act, 2016.

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

Patna High Court CWJC No.6400 of 2018 (2) dt.09-04-2018 2/2 present case.

In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Muzaffarpur, on the petitioner furnishing original title deed of the property in question and two local sureties to the satisfaction of the District Magistrate-cum-Collector, Muzaffarpur, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner within a week, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. The property of the petitioner should be unsealed within a period of one week from the date of furnishing the surety bonds. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H./- U