Allowed

Kusum Devi @ Kusum Kumari v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

Patna HC3 May 2018CR. WJC/900/2018

Case brief

AI extract

What is this about?

In this criminal writ petition, the petitioner sought de-sealing of her residential house seized in connection with a prohibition case. The High Court directed the District Magistrate to de-seal the house within one week, subject to the furnishing of a bank guarantee, original title deed, or equivalent security.

What did the court decide?

Directed Collector-cum-District Magistrate, Madhubani to de-seal the petitioner's residence within one week upon furnishing bank guarantee or title deed.

Kusum Devi @ Kusum Kumari Vs The State Of Bihar Through Its… — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.900 of 2018

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Kusum Devi @ Kusum Kumari, wife of Late Bharat Mukhiya, resident of Village- Mallah Tola, Ward No. 5, P.S.- Jaynagar, District- Madhubani.

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.... .... Petitioner/s Versus

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The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The S.H.O. Jaynagar Police Station, Madhubani.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Respondent/s : Mr. Anil Kumar Sinha

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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Petitioner has prayed for de-sealing of her house, which has been sealed/seized in connection with Jay Nagar P.S. Case No.447 of 2017 registered under Sections 272/273 of the Indian Penal Code and Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that the house is a residential house of the petitioner and she is ready and willing to abide by the terms and conditions which may be imposed by this Court for the purpose of de-sealing of the residential house.

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Patna High Court Cr. WJC No.900 of 2018 (2) dt.03-05-2018

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In the facts and circumstances, the Collector-cumDistrict Magistrate, Madhubani is directed to de-seal the house of the petitioner within a period of one week from today on her furnishing bank guarantee or original title deed of the property in question or any other security of like nature to the satisfaction of the Collector-cum-District Magistrate, Madhubani.

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The petitioner undertakes that she would not deal with or alienate the house in question or create any interest adverse to the interest of the State during the pendency of the confiscation proceeding and shall not allow any tenant to occupy the house in question without there being a prior verification of the tenant and she shall not allow any illegal act to be committed in the house in question.

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(Rajeev Ranjan Prasad, J)

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Arvind/-

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U T

Kusum Devi @ Kusum Kumari v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

Case brief

What is this about?

What did the court decide?

Kusum Devi @ Kusum Kumari v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

Case brief

What is this about?

What did the court decide?

What the court decided

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