Bindeshwari Sah v. The State Of Bihar Through District Magistrate, Khagaria And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1092 of 2017 Arising Out of PS. Case No.-97 Year-2016 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bindeshwari Sah Son of Late Nageshwar Sah, R/o Village- Naya Bazar Maheshkhunt, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through District Magistrate, Khagaria 2.

The District Magistrate, District- Khagaria.

3.

The Superintendent of Police, District- Khagaria. 4.

The Sub-Divisional Officer, Sub-Division Gogari, Khagaria. 5.

The Circle Officer, Block Gogari, Khagaria.

6.

The Officer Incharge Police Station Mahenshkhunt, Sub Division Gogari, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Respondent/s :

Mr.Manish Kumar Gp4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2020 The present petition was filed for removing the seal from the house and shop of the petitioner which was sealed by the respondents no. 5 and 6, without taking recourse to any proceeding as also without any notice, on the pretext that 75 bottles of illicit wine was recovered from the house/ shop of the petitioner.

In this case, this Court by an order dated 22.08.2017 had directed for removing the seal from the house and shop of the petitioner and for handing over the possession of the same to the petitioner. It is informed by the learned counsel

Patna High Court CR. WJC No.1092 of 2017(4) dt.09-01-2020 2/2 for the State that the shop and house of the petitioner has been de-sealed and the possession has been handed over to the petitioner.

It is further submitted by the learned counsel for the State that charge sheet has also been filed in this case and appropriate proceedings are going on before the learned court below.

Having regard to the facts and circumstances of the case, the order dated 22.08.2017, regarding de-sealing of the house/ shop of the petitioner, is made absolute. The present criminal writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T