Raj Kumar Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2023 of 2018 =========================================================== Raj Kumar Manjhi, son of Munshi Manjhi, resident of village- Ghoghian, P.S. - Masrakh, District- Saran.

.... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Saran.

3. The Senior Superintendent of Police, Saran.

4. The S.H.O., Masrakh Police Station, District - Saran.

5. The Investigation Officer, Masrakh Police Station Case No.12/2017, Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Respondent/s : Mr. VIKASH KUMAR- SC10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 01-02-2018 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed by the police officials in connection with Masrakh P.S. Case No.12/17 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. In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cum-

Patna High Court CWJC No.2023 of 2018 dt.01-02-2018 2/2 Collector, Saran , on the petitioner furnishing bank guarantee to the satisfaction of the District Magistrate-cum-Collector, Saran, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner within a week, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house 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 bank guarantee. 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 Date09-02-2018 Transmission Date