Nagendra Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5266 of 2018 ====================================================== Nagendra Kumar Yadav, Son of Ramshish Yadav, Resident of VillageManiyarva, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The Block Development Officer, Khajauli, Madhubani.

5. The S.H.O. Khajauli Police Station, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC-11 ====================================================== 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 Birendra Mansahari Hotel of the petitioner has been sealed by the police officials in connection with Khajauli P.S. Case No. 209 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.

Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.5266 of 2018(3) dt.19-07-2018 2/2 pending finalization of the criminal case or confiscation proceedings, the aforesaid Birendra Mansahari Hotel 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, Madhubani 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