Mahesh Chaudhary @ Shobhai Chawdhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1577 of 2018 ======================================================
1. Mahesh Chaudhary @ Shobhai Chawdhary, S/o Ramavatar Chaudhary, R/o Village-Ghorhat, P.S.-Manjhi, District-Saran. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Registration, Excise & Prohibition Department, Governmment of BIhar, Patna.
2. The Principal Secretary, Registration, Excise & Prohibition Department, Government of BIhar, Patna.
3. The Collector, District-Saran.
4. The Superintendent of Police, Saran.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Adv. For the Respondent/s : Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-01-2018 This writ petition has been filed for unsealing the room of the house which has been sealed in connection with Manjhi P.S. Case No. 206 of 2017 due to violation of 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 cases, room of the house has been directed to be unsealed by this Court on various conditions and we see no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.1577 of 2018 (2) dt.29-01-2018 2/2 pending finalization of the confiscation proceedings and criminal case, room of the house in question shall be unsealed and possession handed over to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate-cumCollector, Saran at Chapra, within a period of one week from the date of his furnishing the sureties and further undertaking not to alienate or create third party interest 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) SA/- U