Rita Devi v. The State Of Bihar, Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.975 of 2018 ====================================================== Rita Devi, wife of late Ramnath Singh @ Bablu Singh, resident of village Sukandarpur Kundal, Ward No. 12, P.S. - Town, District Muzaffarpur. .... .... Petitioner/s

Versus

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

2. Principal Secretary, Department of Home (Police), Government of Bihar, Patna.

3. Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.

4. Inspector General of Police, Muzaffarpur.

5. Superintendent of Police, Muzaffarpur.

6. Officer Incharge, Muzaffarpur Town Police Station District Muzaffarpur.

7. Investigation Officer of Muzaffarpur Town P.S. Case No. 762/17 District Muzaffarpur.

8. District Magistrate, Muzaffarpur.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Respondent/s : Mr. Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-03-2018 Learned counsel for the petitioner is permitted to add the District Magistrate, Muzaffarpur as party respondent no.8 in the writ application.

It is alleged that 27 liters of illicit liquor were recovered from the house in question i.e. Khata No.287, Khesra No.161 area 10 dhurs, which has been sealed in connection with Muzaffarpur Town P.S. Case No.726/2017, District-Muzaffarpur. The confiscation proceeding has been initiated and it is pending finalization.

Patna High Court Cr. WJC No.975 of 2018 (2) dt.30-03-2018 Learned counsel for the State is present and submits that the confiscation proceeding is going on in respect of the sealed house.

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 at this stage for the purpose of de-sealing of the residential house.

In the facts and circumstances, the Collector-cumDistrict Magistrate, Muzaffarpur is directed to de-seal the house of the petitioner within a period of one week from today on her furnishing bank guarantee of Rs.10,00,000/- (ten lakhs) or original title deed of the property in question or any other security of like nature to the satisfaction of the Collector-cum-District Magistrate, Muzaffarpur.

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 be allowed to 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.

Patna High Court Cr. WJC No.975 of 2018 (2) dt.30-03-2018 The application stands disposed of.

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