Akhilesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16976 of 2017 ====================================================== Akhilesh Kumar Singh, Son of Sri Dinesh Singh, Resident of Mohalla-Veer Kuer Singh Colony, Kashi Bazar, Chapra, P.O. Bhagwan Bazar, P.S. Bhagwan Bazar, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

2. The Principal Secretary, Excise Department, Government of BIhar, Patna.

3. The District Magistrate, Saranat Chapra, District-Saran at Chapra.

4. The Excise Superintendent,Saran at Chapra, District-Saran at Chapra.

5. The Excise Inspector, Saran Anchal Chapra, District-Saran at Chapra.

6. The Sub-Inspector of Excise, Sadar Anchal Chapra, District-Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Anita Kumari, Adv.

For the Respondent/s :

Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-11-2017 Having heard learned counsel for the parties, we find that the premises of the petitioner situated under Chapra Town, has been sealed vide order dated 2.3.2017 by the police officials in connection with Excise Case No.74 of 2017 registered 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

Patna High Court CWJC No.16976 of 2017(2) dt.24-11-2017 2/2 various conditions and we see no reason to make a deviation in the present case.

In view of the above, District Magistrate-cumCollector, Saran at Chapra, is directed to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, in connection with the aforementioned case, on his furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Saran at Chapra subject to the condition that the petitioner shall not alienate or deal with the house in question in any manner so as to prejudice the right of the State in confiscation proceeding. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U