Lallan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11503 of 2018 ====================================================== Lallan Prasad Singh son of Late Ram Khelari Singh resident of Village - Jalalpur, P.S. Rupaspur, P.O. Sahay Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Patna.

4. The District Magistrate, Patna.

5. The Superintendent of Police, Patna City.

6. Principal Secretary, Registration, Excise & Prohibition Department, Govenment of Bihar, Patna.

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

8. The Inspector of Police-cum-Incharge, Rupaspur, Danapur.

9. The I.O.-cum-Sub Inspector of Police, Rupaspur, Danapur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shama 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) 27-06-2018 Having heard learned counsel for the parties, we find that the flat of the petitioner has been sealed by the police officials in connection with Rupaspur P.S. Case No.111 of 2018 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

Patna High Court CWJC No.11503 of 2018 (2) dt.27-06-2018 2/2 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 finalization of the criminal case or confiscation proceedings, the aforesaid flat 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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