Created by Fuzzy Cloud

Patna High Court

Md. Dulare @ Dulare BabuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court granted liberty to the petitioner to file a petition under Rule 12B and directed the Collector to consider the release of the premises, without directly ordering de‑sealing.

Summary

The petitioner, Dukhi Sah, filed a writ petition seeking the release of a shop (Krishna Dhaba) that had been seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of illicit liquor. The shop was rented to Brahmdev Sah, who is an accused in the criminal case, and the petitioner asserted that he had no complicity in the offence. The court noted a prior decision in Mahendra Prasad Singh v. State of Bihar (C.W.J.C. No. 2129 of 2025, 01‑09‑1995) and granted the petitioner liberty to approach the Collector of Madhubani under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022. The petitioner was directed to file the petition within four weeks, attaching the cited judgment, and the Collector was ordered to consider the matter on its merits and issue a reasoned order within four weeks. Accordingly, the writ petition was disposed, subject to the stipulated procedural steps.

Issues considered

  • Whether the seizure of premises under the Bihar Prohibition and Excise Act can be lifted in favour of the owner who is not alleged to be complicit.
  • Whether the petitioner is entitled to approach the Collector under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises upon payment of penalty.
  • Whether the precedent set in Mahendra Prasad Singh v. State of Bihar is applicable to the present facts.

Legislation cited

Subjects

  • seizure of premises
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Rule 12B
  • writ petition
  • owner liability
  • release of property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14065 of 2025
                 ======================================================
                 Dukhi Sah Son of Late Ramrup Sah Resident of Surat Ganj, P.S.- Madhubani
                 Town, District- Madhubani.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Department of Registration
                 and Excise, Bihar, Patna.
           2.    The District Magistrate, Madhubani.
           3.    The Senior Superintendent of Police, Madhubani.
           4.    That Station House Officer, Sadar Excise Police Station, District-
                 Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bhavesh Kumar Sah, Advocate
                                               Mr. Dhananjay Kumar Tiwary, Advocate
                                               Mr. Archna Aanand, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   21-01-2026                   The present petition has been filed for directing the

                   respondent authorities to release the room of Krishna Dhaba

                   appertaining to Thana No. 33, Old Khesra No. 4039 New

                   Khesra No. 751, situated at Suratganj, P.S.- Town, District-

                   Madhubani in favour of the petitioner who is bonafide owner of

                   the land in question where the said room/shop is situated.

                                 2. The records would bear it out that the aforesaid

                   room/shop in the name of Krishna Dhaba has been seized in

                   connection with Sadar Excise P.S. Case No. 363 of 2024 dated
Patna High Court CWJC No.14065 of 2025(3) dt.21-01-2026
                                           2/3




          30.12.2024, registered under Section 30(a) of the Bihar

          Prohibition and Excise Act, 2016, (hereinafter referred to as ‘the

          Act, 2016’), on account of recovery of 135.750 liters of illicit

          liquor from the said room/shop.

                       3. The learned counsel for the petitioner has submitted

          that the petitioner had given the said room/shop on rent to one

          Brahmdev Sah (who is also an accused in the said criminal case)

          vide rent agreement dated 30.11.2024, thus it is submitted that

          the petitioner is not having any complicity in the alleged

          occurrence, hence the premises in question be de-sealed and

          released in favour of the petitioner. In this regard, a judgment

          dated 01.09.1995 passed by a Co-ordinate Bench of this Court

          in C.W.J.C. No. 2129 of 2025 (Mahendra Prasad Singh vs. The

          State of Bihar and Others) has been referred to. However, the

          learned counsel for the petitioner seeks liberty on behalf of the

          petitioner       to       approach         the   learned   Collector,

          Madhubani/Authorized Officer for filing appropriate petition

          under Rule 12B of the Bihar Prohibition and Excise

          (Amendment) Rules, 2022 (hereinafter referred to as ‘the Rule,

          2022’) for the purposes of release of the said premises upon

          payment of penalty, but it is submitted that the concerned

          authority be directed to consider the law laid down in the case of
           Patna High Court CWJC No.14065 of 2025(3) dt.21-01-2026
                                                      3/3




                     Mahendra Prasad Singh (supra) and then pass appropriate order.

                     Liberty, so sought, is granted.

                                 4. It is needless to state that in case appropriate

                     petition is filed by the petitioner within a period of four weeks

                     from today under Section 12B of the Rules, 2022 annexing a

                     copy of the judgment rendered in the case of Mahendra Prasad

                     Singh (supra), the Collector, Madhubani/Authorized Officer

                     shall consider the same as also consider the case of the

                     petitioner on merits and pass a reasoned and a speaking order in

                     accordance with law within a period of four weeks, thereafter.

                                 5. Accordingly, the present writ petition stands

                     disposed of on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.