Sunita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17005 of 2017 ====================================================== Sunita Devi W/o Munna Pasi R/o Vill. - Gopalpur, P.S. - Hussainganj, Distt. - Siwan.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Superintendent of Excise Department, Siwan.

5. The Officer In Charge - Hussainganj Police Station - Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate Mr. Hari Mohan Tripathi, Advocate For the Respondent/s :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2018 Having heard learned counsel for the parties, we find that the dwelling house of the petitioner has been seized by the police officials in connection with Hussainganj P. S. Case No.60 of 2017 registered for the offences under Sections 272, 273 & 308 of the Indian Penal Code and also under the provisions of the Bihar Prohibition and Excise 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

Patna High Court CWJC No.17005 of 2017(2) dt.04-01-2018 2/2 the present case.

In view of the above, pending finalisation of the confiscation proceedings, District Magistrate-cum-Collector, Siwan, is directed to ensure that the premises in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, in connection with the aforementioned case, on her furnishing two sureties to the satisfaction of District Magistrate-cum-Collector, Siwan subject to the condition that the petitioner shall not alienate or deal with the premises in question in any manner so as to prejudice the right of the State in confiscation proceedings. With the aforesaid, the writ petition is disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U