Patna High Court
Anil Kumar vs The State Of Bihar on 2 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6049 of 2021
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Anil Kumar Son of Lakashanadev Singh Resident of Village- Belsand Ward
No.6, P.S.- Belsand, District- Sitamarhi at present residing at Krishna Nagar,
P.S.- Sitamarhi, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The District Magistrate, Sitamarhi.
4. The Superintendent of Police, Sitamarhi.
5. The Sub Inspector Excise, Sitamarhi.
6. The A.S.I. cum SHO of Sitamarhi Police Station, District- Sitamarhi.
... ... Respondent/s
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(The proceedings of the Court are being conducted through Video Conferencing and
the Advocates joined the proceedings through Video Conferencing from their
residence.)
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv
For the Respondent/s : Mr. Vikash Kumar SC-11.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 02-06-2021
Heard learned counsel for the parties.
Petitioner has filed this writ application for following
relief(s):-
"For issuance of appropriate/ writ/writs/directions/
direction/order/orders for release of Trimurti Hotel
seized in connection with Sitamarhi mehsaul O.P. P.S.
Case No. 685/2020 dated 13.12.2020 registered for an
Patna High Court CWJC No.6049 of 2021 dt.02-06-2021
offence under section 37(b) of Bihar Prohibition &
Excise Act, 2016 pending in the court of learned ADJ-II
cum Special Judge (Excise Act) Sitamarhi, which has
not been sent to the learned collector cum District
magistrate, Sitamarhi for its confiscation.
(ii) For issuance of appropriate / writ / writs/ direction /
direction / order/ orders for release of Trimurti Hotel in
question in favour of the petitioner on adequate surtety
on the terms and conditions as laid down by this
Hon'ble Court."
Allegation against Anil Kumar (petitioner) and Tarun
Pandey is to be found in a drunken condition in Trimurti Hotel
and from jacket of Tarun Pandey, one empty bottle of liquor of
180 ml. was recovered.
It is submitted on behalf of petitioner that he is owner of
the sealed premises and nothing was recovered from his
possession or from the hotel and same has been sealed although
no offence under the Excise Act is made out. It is further
submitted that no confiscation proceeding has been initiated as
yet.
In the facts and circumstances of the present case, the
Confiscating Authority/District Collector, Sitamarhi is
directed to provisionally unseal the sealed premises (Tirmurti
Hotel) of petitioner forthwith and possession to be handed over
Patna High Court CWJC No.6049 of 2021 dt.02-06-2021
to the petitioner, on the petitioner depositing the original title
deed of property, in question, as security with one surety to the
extent of value of property as per the circle rate with the
concerned District Collector, or Confiscating Authority.
Petitioner shall also file an undertaking that during
pendency of confiscating proceeding, no third party right or
interest will be created on the property liable for confiscation.
This writ petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR
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