Ganga Dayal Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13637 of 2018 ====================================================== Ganga Dayal Mahto, Son of Late Satya Narayan Mahto, a resident of VillageSutihar Nan Tola, P.S.- Derni, District- Saran. ... ... Petitioner/s

Versus

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

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

3. The Superintendent of Police, Saran, Chapra.

4. The Excise Superintendent, Saran, Chapra.

5. The Sub Divisional Police Officer, Sonpur, Saran.

6. The Station House Officer, Derni, Saran.

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha- GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-07-2018 Having heard learned counsel for the parties, we find that the dwelling house of the petitioner has been sealed by the police officials in connection with Derni P.S. Case No. 79 of 2016 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.13637 of 2018(2) dt.19-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the criminal case or confiscation proceedings, the aforesaid dwelling house of the petitioner shall be unsealed and possession handed over to the petitioner on the petitioner furnishing original title deed of the property in question and two local sureties to the satisfaction of District Magistrate-cum-Collector, Saran, Chapra and further undertaking not to alienate or deal with the property in question or create a third party interest during the pendency of the confiscation proceedings and/or criminal case or prejudice the right of the State in the confiscation proceedings. The property of the petitioner should be unsealed and possession handed over to the petitioner within a period of one week from the date of furnishing the original title deed and sureties. With the aforesaid, this writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sunil/R.S.SenU