Md. Aftab v. The State Of Bihar Through The Principal Secretary, Home Department, Government Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1698 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Binod Kumar son of Kishun Lal, .... .... Petitioner/s

Versus

The State of Bihar Through The Principal Secretary, Home Department, Government of Bihar, Patna & Ors .... .... Respondent/s WITH =========================================================== Criminal Writ Jurisdiction Case No. 1736 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Rajesh Kumar Roy son of late Birendra Kumar Roy resident of Mohalla + P.S. - Khajekalan, District - Patna.

.... .... Petitioner/s

Versus

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

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

3. The Inspector General, Patna Zone, Patna.

4. The Deputy Inspector General, Central Range, Patna.

5. The District Magistrate, Patna.

6. The Senior Superintendent of Police, Patna.

7. The Superintendent of Police East, Patna.

8. The Sub-Divisional Police Officer, Patna City, Patna.

9. The Station House Officer, Khajekalan, District - Patna.

10. Executive Magistrate, Patna City, Patna.

11. The Union of India through Chief Controller of Explosives, Govt. of India, Ministry of Commerce and Industry, Petroleum and Explosives Safety Organization, Nagpur.

12. Controller of Explosive, Mahavir Complex, Adarsh Colony, P.O. - New Jaganpura, Patna.

.... .... Respondent/s WITH =========================================================== Criminal Writ Jurisdiction Case No. 2148 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Manoj Kumar Son of Late Kishun Lal Sah, R/o Mohalla- Nawab Ghat, P.S.- Khajekalan, Patna City, District- Patna.

Patna High Court Cr. WJC No.1698 of 2017 dt.22-11-2017 P3/2 .... .... Petitioner/s

Versus

1. The State of Bihar Through The Ptrincipal Secretary Home Department, Government of Biahr, Patna.

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

3. The Inspector General , Patna Zone, Patna.

4. The Deputy Inspector General, Central Range, Patna.

5. The District Magistrate, Patna.

6. The Senior, Superintendent of Police, Patna.

7. The Superintendent of police East, Patna.

8. The Sub-Divisional Police Officer, Patna City, Patna.

9. The Station House Officer, Khajekalan, District- Patna.

10. The Executive Magistrate, patna City, Patna.

11. The Union of India through Cheif Controller of Explosive , Goverment of India.

12. Ministry of Commerce and Industry , Petroleum and Explosives Safety Organization, Nagpur.

13. Controller of Explosive, Mahavir Complex, Adarsh Colony, P.O.- New Jaganpura, Patna.

.... .... Respondent/s with =========================================================== Criminal Writ Jurisdiction Case No. 2182 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Md. Aftab son of late Md. Nizam, .... .... Petitioner/s

Versus

The State of Bihar Through The Principal Secretary, Home Department, Government of Bihar, Patna & Ors .... .... Respondent/s =========================================================== Appearance :

(In all cases) For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Utsav Kumar, AC to GA-4 Mr. Akshay Lal Prasad, AC to GA-4 Mr. Ravindra Kumar Sharma, CGC Mr. Ram Anurag Singh, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 22-11-2017 Heard learned counsel for the parties.

Patna High Court Cr. WJC No.1698 of 2017 dt.22-11-2017 P3/3

2. These writ applications have been preferred for a direction to the respondent authorities to unseal the shops of the petitioners, which were sealed in connection with Khajekalan P.S. Case No.253 of 2016 for the allegation that the petitioners were selling crackers.

3. Submission of the learned counsel for the petitioners is that no cracker was found from the shops of the petitioners and merely on suspicion the same have been sealed which is totally arbitrary act of the respondents.

4. After hearing the parties and finding substance in the submission aforesaid, the respondents are directed to unseal the shops of the petitioners soon after receipt/production of a copy of this order.

5. With the aforesaid observation, these writ applications stand disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date25.11.2017 Transmission Date 25.11.2017