Raj Kishore Singh v. The State Of Bihar Through The Principal Secretary Excise Department Government Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2240 of 2018 Arising Out of PS. Case No.-669 Year-2017 Thana- DEHRI TOWN District- Rohtas ====================================================== Raj Kishore Singh S/o Late Jawahir Singh, R/o Ainikat Road, Dehri, P.S.- Dehri (Town), District- Rohtas.

... ... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Shahabad Range, Dehri On Sone.

4. The District Magistrate, Sasaram.

5. The Senior Superintendent of Police, Sasaram.

6. The Circle Officer Cum Executive Magistrate, Sasaram.

7. The Police Inspector Cum Incharge of Dehri Town P.S., Sasaram , Rohtas.

8. The Investigating Officer Cum Sub Inspector of Police, Dehri Town P.S., Sasaram , Rohtas.

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

For the Petitioner/s :

Mr. Arun Kumar Singh For the Respondent/s :

Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

This application has been filed for a Mandamus directing the State respondents to unseal the room of Restaurant namely, Chahat Restaurant, Dehri, District- Rohtas which has been sealed pursuant to the First Information Report being Dehri (T) P.S. Case No. 669 of 2017 registered under Sections 30 (a)/37, 38, 41, 45, 47 and 48 of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that as per

Patna High Court Cr. WJC No.2240 of 2018(2) dt.09-10-2018 2/3 the allegations, 900 ml. illegal liquor has been recovered from the room of the alleged Chahat Restaurant, Dehri-on-Sone. It is submitted that the petitioner has not received any notice of confiscation proceeding for the property in question. Learned counsel for the State is present.

Pending initiation/finalization of confiscation proceeding pursuant to Dehri (T) P. S. Case No. 669 of 2017, let the room of Restaurant namely, Chahat Restaurant, Dehri, District- Rohtas be de-sealed and possession be handed over to the petitioner on the petitioner depositing the original title deed of the property in question as security with one surety to the extent of value of the property as indicated in the title deed with the court of learned 2nd Additional District & Sessions Judgecum-Special Judge Excise, Rohtas at Sasaram. On submission of the original title deed of the property in question with the surety, the room of the Restaurant shall be de-sealed and possession be handed over within two days thereof. The owner of the property shall undertake that during the pendency of the confiscation proceeding he will not deal with the property in question and shall not create any third party interest whatsoever. Further that no illegal activity will be allowed to take place in the restaurant.

Patna High Court Cr. WJC No.2240 of 2018(2) dt.09-10-2018 3/3 The application is allowed to the extent as stated hereinabove.

(Rajeev Ranjan Prasad, J) avin/- U T