Imarita Devi v. The State Of Bihar Through The Principal Secretary Department Of Excise Govt. Of Bihar Old Secretari

Patna High Court Cr. WJC No.857 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.857 of 2018 ====================================================== Imarita Devi W/o Dashrath Manjhi , R/o Village- Pirari, P.O.- Ashoknagar, P.S.- Jalalpur, Distt.- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary Department of Excise Govt. of Bihar Old Secretariat Patna.

2. The Director General of Police Old Secretariat Patna.

3. The Superintendent of Police Saran at Chapra.

4. The Station house Officer Jalalpur , Saran at Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for de-sealing of her house situated at Jalalpur, Khata No.36, Survey No.256, which has been sealed/seized in connection with Jalalpur P.S. Case No.92 of 2016 registered under Sections 272/273 of the Indian Penal Code and Section 47 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the house is a residential house of the petitioner and she is ready and willing to abide by the terms and conditions which may be imposed by this Court for the purpose of de-sealing of the residential house.

Patna High Court Cr. WJC No.857 of 2018 (2) dt.03-05-2018 In the facts and circumstances, the Collector-cumDistrict Magistrate, Saran at Chapra is directed to de-seal the house of the petitioner within a period of one week from today on her furnishing surety bond (not in form of bank guarantee or cash) with two sureties to the satisfaction of District Magistrate, Saran at Chapra/authority concerned.

The petitioner undertakes that she would not deal with or alienate the house in question or create any interest adverse to the interest of the State during the pendency of the confiscation proceeding and shall not allow any tenant to occupy the house in question without there being a prior verification of the tenant and she shall not allow any illegal act to be committed in the house in question.

The application stands disposed of.

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