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2021 DIGILAW 692 (PAT)

Avinash Kumar Jha v. State of Bihar

2021-07-24

PRABHAT KUMAR SINGH

body2021
ORDER Heard learned counsel for the petitioners and the State. 2. Petitioners pray for quashing of the impugned notice dated 4.6.2021, issued by the SDO, Patna Sadar and the SHO, Budha Colony Police Station, Patna, by which their Hotel, namely “Hotel Green Forest” Kavi Raman Path, Nageshwar Colony, PS Budha Colony, Patna has been sealed. 3. On secret information, police raided the said Hotel and found that some persons were celebrating a birthday party with bar dancers and alcohol violating the conditions of Covid-19 as well as the provisions of Bihar Prohibition and Excise Act for which Buddha Colony Police Station Case No. 171 of 2021 dated 4.6.2021 was registered for the offence punishable under sections 188/269 of the Indian Penal Code, section 6 of the Epidemic Diseases Amendment Act, 2020 and Sections 51/52 of the Disaster Management Act, 2018. 4. Learned counsel for the petitioners submits that Room Nos. 303, 306 and 307 were booked in the name of Harsh Gautam Party for celebrating birthday and it is they who were violating the Covid-19 guidelines and were found in possession of illicit liquor and arms. Petitioners being proprietor cum owner of the Hotel in question can not be made responsible for their misconduct. Learned counsel further submits that the Hotel premises in question should be released/unsealed/unlocked on such terms and conditions which may be imposed by this Court. 5. Counter affidavit has been filed by the State. It is submitted by the State that the recommendation for confiscation proceeding vide letter no.939 of 14.7.2021 has already been sent to the District Collector, Patna for initiating confiscation proceeding of the said Hotel. 6. In the opinion of this Court, no useful purpose would be served by keeping the Hotel of the petitioners sealed. As such, in the facts and circumstances of the case, let the Hotel premises as mentioned above be opened and handed over to the petitioners within a period of two weeks from the date of receipt of this order, subject to the terms and conditions that the petitioners are found to be the owner of the said hotel and the petitioners furnish a surety bond (not in form of cash or bank guarantee) worth Rs. 5,00,000/- (Five lakhs) with two sureties of the like nature to the satisfaction of the District Magistrate, Patna. 7. 5,00,000/- (Five lakhs) with two sureties of the like nature to the satisfaction of the District Magistrate, Patna. 7. The District Magistrate shall get prepared a photograph duly certified and a Panchanama of the room in sealed condition before opening of the same and the same will be kept on the record. 8. The petitioners undertake not to challenge the said photograph and Panchnama in course of trial or the confiscation proceeding, as the case may be. 9. The petitioners shall also give an undertaking that he will not deal with the property in question as a whole in favour of any third party or create any interest adverse to the interest of the State without permission of the Court and shall not allow any illegal act to be committed in the premises of the hotel in question. 10. Writ petition stands disposed of in the aforesaid terms and conditions.