Azad Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11609 of 2018 ====================================================== Azad Chaudhary son of late Mangal Chaudhary R/o Mohalla - Mahabir Lane, Bari Path, Police Station - Pirbahore, District - Patna. .... .... Petitioner/s

Versus

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

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

3. The Excise Commissioner, Bihar, Patna.

4. The Additional Commissioner, Excise Department, Patna.

5. The District Magistrate-cum-Collector, Patna.

6. The S.H.O. of Pirbahore P.S. in the district of Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-06-2018 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed by the police officials in connection with Pirbahore P.S. Case No.234 of 2017, Spl. Case No.1838 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

Patna High Court CWJC No.11609 of 2018 (2) dt.26-06-2018 2/2 present case.

Keeping in view the aforesaid, it is directed that pending finalization of the criminal case or confiscation proceedings, the aforesaid house of the petitioner shall be unsealed and possession handed over to the petitioner on the petitioner furnishing original title deed of the property in question and two local sureties to the satisfaction of District Magistrate-cumCollector, Patna and further undertaking not to alienate or deal with the property in question or create a third party interest during the pendency of the confiscation proceedings and/or criminal case or prejudice the right of the State in the confiscation proceedings. The property of the petitioner should be unsealed and possession handed over to the petitioner within a period of one week from the date of furnishing the original title deed and sureties. With the aforesaid, this writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- N.H.

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