Manish Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6242 of 2018 ====================================================== Manish Kumar, Son of Ramsubest Singh, Resident of Village- Dhanway, P.S.- Sikandra, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Collector-cum-District Magistrate, Jamui.
4. The State of Bihar through the Director General of Police, Bihar, Patna.
5. The Superintendent of Police, Jamui.
6. The Police Station House Officer, Sikandra P.S., District- Jamui. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Respondent/s : Mr. Vikash Kumar-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2018 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed and vehicle (Black Colour Pulsar Motorcycle) bearing Vehicle No.BR0 1-BE 1646 by the police officials in connection with Sikandra P.S. Case No.55 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.6242 of 2018 (2) dt.
11-04-2018 2/2 In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Jamui, on the petitioner furnishing original title deed of the property in question and two local sureties to the satisfaction of the District Magistrate-cum-Collector, Jamui, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner along with the vehicle in question within a week, 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 the surety bonds. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H.