Deep Narayan Bhagat And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3119 of 2018 ======================================================

1. Deep Narayan Bhagat, son of late Shriram Bhagat,

2. Sanjay Bhagat, son of Deep Narayan Bhagat, Both resident of village-Bishunpura, Ward No.-13, Nahauna, P.S. Sasaram (Muffsil), district-Rohtas.

... ... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Collector, Rohtas, Sasaram.

4. The District Magistrate, Rohtas, Sasaram.

5. The Superintendent of Police, Rohtas.

6. The S. H. O. Sasaram (Muffsil), Police Station, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Respondent/s :

Mr. Kumar Manish- SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-02-2018 This writ petition has been filed for a direction to the respondents to unseal and release the sealed shop of the petitioners, which has been sealed in connection with Sasaram (Muffasil) P.S. Case No.562 of 2016 due to violation of the 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 case, 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.3119 of 2018(2) dt.21-02-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization or initiation of the confiscation proceedings and criminal case, the shop in question shall be released to the petitioners on their furnishing two sureties to the satisfaction of District Magistrate, Sasaram within a period of one week from the date of their furnishing the sureties and further undertaking not to alienate or create third party interest or deal with the properties in question 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) ( Rajeev Ranjan Prasad, J) Sunil/- U