Kailash Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1756 of 2018 =========================================================== Kailash Choudhary, Son of Late Shiv Yogi Choudhary, resident of 2040, Block A2, J.J. Cluster, Mdan Puri Khadar, Sarita Vihar, Delhi. .... .... Petitioner/s

Versus

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

2. The Collector, Supaul.

3. The Excise Superintendent, Supaul.

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

For the Petitioner/s : Mr. Girijish Kumar, Advocate For the Respondent/s : Mr. A.K. SINHA- GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 30-01-2018 Having heard learned counsel for the parties, we find that the premises of the petitioner situated in Ward No.26, Khata No.936, Khesra No.1219 having an area of 10 dhurs in district Supaul has been sealed vide order dated 5.12.2017 by the police officials in connection with Supaul Execise No.P.R.S. Case No.76 of 2017 and Misc. Excise Case No.1061 of 2017 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 present case.

Patna High Court CWJC No.1756 of 2018 dt.30-01-2018 2/2 In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Supaul , on the petitioner furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector, Supaul, to ensure that the premises in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the premises 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) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date01-02-2018 Transmission Date