MANISH RAY ALIAS MANISH KUMAR RAY SON OF MOHAN RAI Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, PROHIBITION, EXCISE AND REGISTRATION DEPARTMENT, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for unsealing of two rooms of the residential house of the petitioner, which has been sealed in connection with Barauli P.S. Case No. 138/2017 due to violation of the Excise Act. The prayer made in the writ petition is to unseal the aforesaid two rooms and hand over possession of the same to the petitioner pending finalization of Confiscation (Excise) Case No. 390/2017 and the aforesaid criminal case.

(2.) It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles/property have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

(3.) Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid two rooms in question of the residential house of the petitioner shall be unsealed and possession handed over to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Gopalganj and further undertaking not to alienate or deal with the aforesaid two rooms in question or create any third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding.