Patna High Court
Md. Dulare @ Dulare BabuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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
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