Shyama Mandal @ Shyam Prasad Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.989 of 2018 ====================================================== Shyama Mandal @ Shyam Prasad Mandal, S/o Sahat Lal Mandal, R/o Village-Baharbari, P.S.-Jokihat, District-Araria. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

3. The Collector, District-Araria.

4. The Superintendent of Police, Araria.

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Respondent/s : Mr. Anil Kr.Sinha-GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-01-2018 Having heard learned counsel for the parties, we find that the betel shop of the petitioner has been sealed vide order dated 29.8.2017 by the police officials in connection with Jokihat P.S. Case No.282 of 2017 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 various conditions and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.989 of 2018 (2) dt.18-01-2018 2/2 In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Araria, on the petitioner furnishing Bank Guarantee to the satisfaction of the District Magistrate-cum-Collector, Araria, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. The property of the petitioner should be unsealed within a period of one week from the date of furnishing Bank Guarantee.

With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U