Baidhnath Panjiyar @ Baijnath Panjiyar @ Lambu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11086 of 2018 ====================================================== Baidhnath Panjiyar @ Baijnath Panjiyar @ Lambu, Son of Late Bikau Panjiyar, Resident of Choraut, West, P.S. Pupri, District Sitamarhi. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Deputy Collector, Incharge, District law Section, Sitamarhi.

4. The Assistant Excise Commissioner, Sitamarhi.

5. The superintendent of Excise, Sitamarhi.

6. The Superintendent of Police, Sitamarhi.

7. The Station House Officer of Pupri Police Station, District Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Mr. Vivek Prasad- GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2018 This writ petition has been filed for a direction to the respondents to unseal and release the sealed house of the petitioner, which have been sealed in connection with Pupri P. S. Case No.13 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

Patna High Court CWJC No.11086 of 2018(2) dt.04-07-2018 2/3 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 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 District Magistrate, Sitamarhi, and further undertaking be given that he shall not alienate or create 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) Sunil/-

Patna High Court CWJC No.11086 of 2018(2) dt.04-07-2018 3/3 U