Rita Bharati @ Rita Devi v. The State Of Bihar, Represented Through Principal Secretary, Excise Department, Govt. Of Bihar, Old
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.550 of 2018 ====================================================== Rita Bharati @ Rita Devi, aged about 36 years, W/o Late Manoj Bharati, Resident of Kaima Sikko, P.S.- Chauk, Dist- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar, Represented Through Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat Building, Patna.
2. Sambhu Bahadur Singh, Sub-Inspector of Police, Chauk Police Station, Patna.
3. Officer-in-Charge of Police, Chauk Police Station, Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tilak Sao For the Respondent/s : Mr. Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-04-2018 Petitioner, who is a widow, claims that she is owner of the house in question from where 14.32 liters of illicit liquor is said to have been recovered. It is further stated that the confiscation proceeding is still pending.
In the facts and circumstances, let the house in question bearing Circle no.182, Ward No.67, Holding No.147(Old), 155(New) situated at Kaima Kikko, P.S. Chauk, District Patna, which has been sealed in connection with Chauk P.S. Case No.122 of 2017, Special Case No.1867/17 under Sections 272, 273, 201/34 I.P.C. and Sections 30(a), 37, 38 and 44 of Bihar Prohibition and Excise Act, 2016, be desealed/released in favour of the petitioner on her furnishing bank guarantee or
Patna High Court Cr. WJC No.550 of 2018 (2) dt.18-04-2018 original title deed of the property in question or any other security of like nature to the satisfaction of the Collector-cum-District Magistrate, Patna within a period of one week. The petitioner undertakes that she would not deal with or alienate the house in question or create any interest adverse to the interest of the State during the pendency of the confiscation proceeding and shall not allow any tenant to occupy the house in question without there being a prior verification of the tenant and she shall not allow any illegal act to be committed in the house in question.
The application stands disposed of.
(Rajeev Ranjan Prasad, J) Arvind/- U T