Tinku Bind v. The State Of Bihar, Through The Principal Secretary Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1286 of 2018 ====================================================== Tinku Bind, son of Indu Bind, resident of village/Mohalla- Banrasia Tola, Ward No.4, Sasaram, P.S.- Sasaram (Muffasil), District- Rohtas. .... .... Petitioner/s

Versus

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

2. District Magistrate, Rohtas at Sasaram.

3. The Superintendent of Police, Rohtas.

4. The S.H.O., P.S.- Sasaram Muffasil, District- Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad (GP 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

It is submitted that in fact there is no recovery of illicit liquor from the shops and house of the petitioner situated in village/Mohalla- Banrasiya, Ward No.4 towards west of SasaramBeda- Darshandih Path, under R.S. Khata No.54, Chak No.34, within Sasaram Anchal, in the district of Rohtas. However, the shops and the house of the petitioner has also been sealed in connection with Sasaram (M) P.S. Case No.82 of 2017 for the offence under Sections 30(a), 38(2), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

In paragraph-8 of the writ application, learned

Patna High Court Cr. WJC No.1286 of 2018 (2) dt.07-05-2018 2/3 counsel submits that in fact recoveries were made from the three houses which belonged to Chandrawati Devi, Saroj Bind and Mantu Bind, which will be apparent from the seizure list. Learned counsel for the petitioner submits that for the purpose of de-sealing of the house in question provisionally, petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court.

Considering the facts and circumstances, pending finalization of the confiscation proceeding, let the four shops and five pucca rooms of the residential house of the petitioner be desealed provisionally within a week on production of document of title in respect of the house in question and on the petitioner furnishing a surety bond to the satisfaction of District Magistrate, Rohtas at Sasaram /authority concerned.

The District Magistrate, Rohtas at Sasaram shall get prepared a photograph duly certified and a Panchnama of the house in sealed condition before de-sealing of the same and the same will be kept on the record.

The petitioner undertakes not to challenge the said photograph and Panchanama in course of trial or the confiscation proceeding, as the case may be.

The petitioner shall also give an undertaking that he

Patna High Court Cr. WJC No.1286 of 2018 (2) dt.07-05-2018 3/3 will not deal with the shops and the house in question in favour of any third party or create any interest adverse to the interest of the State without permission of the authority concerned/Court and shall not allow any illegal act to be committed in the shop and the house in question. The petitioner shall also give an undertaking that if any portion of the house/shop is rented out he will get it done after proper police verification of the said person before handing over the possession of any part of the house/shop in question.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) N.H./- U T