Raju Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3451 of 2018 ====================================================== Raju Chaudhary, Son of Late Prabhu Chaudhary, Resident of Village- Sagma, Police Station- Chandradeep, District- Jamui. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Jamui.

3. The Superintendent of Police, Jamui.

4. The Officer-in-Charge, Chandradeep Police Station, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 This writ petition has been filed for a direction to the respondents to unseal and release the dwelling house of the petitioner, which has been sealed in connection with Chandradeep P. S. Case No.24 of 2017 due to violation 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 and criminal case, 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 pending

Patna High Court CWJC No.3451 of 2018(2) dt.26-02-2018 2/2 finalization of the confiscation proceedings and criminal case, the dwelling house in question of the petitioner shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Jamui, within a period of one week from the date of his furnishing the sureties and further undertaking not to alienate or create third party interest or deal with the properties in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U