Partly allowed

Birbali Sah @ Balkishun Sah v. The State Of Bihar and Ors.

Patna HC16 Jan 2018CWJC/399/2018

Case brief

AI extract

What is this about?

Single judge bench unsealed petitioner's dwelling house sealed for excise violation, directing District Magistrate to release possession against Bank Guarantee and restraining alienation during pendency of criminal case.

What did the court decide?

Directs District Magistrate to unseal house and hand over possession to petitioner within one week against furnishing of Bank Guarantee subject to non-alienation during pendency of case.

Birbali Sah @ Balkishun Sah Vs The State Of… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.399 of 2018

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Birbali Sah @ Balkishun Sah Son of late Jaisree Sah Resident of VillageJurkan, P.S. Hussainganj, Distt. Siwan.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.

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The District Magistrate, Siwan.

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The Superintendent of Police, Siwan.

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The Superintendent of Excise Department, Siwan.

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The Officer in Charge, Hussainganj, Police Station, Siwan.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s : Mr. A.K. Sinha- GA1

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 16-01-2018

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Having heard learned counsel for the parties, we find that the dwelling house of the petitioner has been sealed vide order dated 7.3.2017 by the police officials in connection with Hussainganj P.S. Case No.56 of 2017 for violation of the Bihar Prohibition and Excise (Amendment) Act, 2016.

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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

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Patna High Court CWJC No.399 of 2018 (2) dt.16-01-2018

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2/2

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present case.

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In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Siwan , on the petitioner furnishing Bank Guarantee to the satisfaction of the District Magistrate-cum-Collector, Siwan, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner forthwith, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. The property of the petitioner should be unsealed within a period of one week from the date of furnishing the Bank Guarantee.

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With the aforesaid, this application is disposed of.

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(Rajendra Menon, CJ)

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(Anil Kumar Upadhyay, J)

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K.C.jha/-

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Birbali Sah @ Balkishun Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Birbali Sah @ Balkishun Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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