Ramrati Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12914 of 2018 ====================================================== Ramrati Devi Wife of Shashi Pal Chaudhary resident of Village - Tatwatoli Ward No. 8, P.S.Mokama, District : Patna ... Petitioner
Versus
1. The State of Bihar represented through the Principal Secretary-cumCommissioner, Department of Excise, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Patna.
4. The Superintendent of Police, Patna.
5. The Superintendent of Excise, Patna.
6. The Officer In Charge,Mokama Police Station, District Patna ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Gouranga Chatterjee, Adv.
For the Respondents :
Mr. Anil Kr. Sinha- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-07-2018 This writ petition has been filed for a direction to the respondents to unseal and release house of the petitioner, which have been sealed in connection with Mokama P.S. Case No. 112 of 2018 due to violation of the Bihar Prohibition and Excise Act, 2016.
It is common ground that in various cases, identical in nature, pending initiation/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 initiation/finalization of the confiscation proceedings and criminal case, the house of the petitioner in question shall
Patna High Court CWJC No.12914 of 2018(2) dt.12-07-2018 2/2 be released to the petitioner on his depositing original title deed of the house in question with the District Magistrate and furnishing two local sureties to the satisfaction of the District Magistrate Patna, and further undertaking be given that he shall not alienate or crate third party interest or deal with the properties in question in any manner during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the rights of the State Government.
The house of the petitioner shall be released/unsealed within one week from the date of furnishing the original title deed of the house in question and two local sureties to the satisfaction of the District Magistrate. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U