Patna High Court
Sravan Kumar vs The State Of Bihar on 3 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6403 of 2021
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Sravan Kumar, son of Ram Pragas Sah Resident of Village- Nazarpur, Ward
No. 13, P.S.- Riga, 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 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 : 03-06-2021
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 Bihar Meat House
seized in connection with Sitamarhi mehsaul O.P. P.S.
Patna High Court CWJC No.6403 of 2021 dt.03-06-2021
Case No. 685/2020 dated 13.12.2020 registered for an
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.
For issuance of appropriate / writ / writs/ direction /
direction / order/ orders for release of Bihar Meat House
in question in favour of the petitioner on adequate
surtety on the terms and conditions as laid down by this
Hon'ble Court."
It is submitted on behalf of petitioner that no illicit
liquor has been recovered from his meat house and in seizure
list also, no illicit liquor is shown to have been recovered from
petitioner's meat shop. There is no allegation of any person
consuming liquor in his meat shop nor anyone was found in
drunken condition. 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 of the meat
shop of petitioner forthwith and possession to be handed over
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
Patna High Court CWJC No.6403 of 2021 dt.03-06-2021
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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