Patna High Court

Munni DeviversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court granted liberty to the petitioner to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 and disposed of the writ petition.

Summary

Munni Devi, mother of accused Pankaj Kumar, filed a writ petition seeking release of premises seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 319.875 litres of illicit liquor were recovered from the rented premises. She contended that she was merely the landlord and had no complicity in the offence. The Court examined whether the petitioner could obtain relief by filing a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release upon payment of a penalty. The bench granted her liberty to file such a petition before the Collector within three weeks and directed a reasoned order within four weeks. Accordingly, the writ petition was disposed of on these terms.

Issues considered

Whether the petitioner is entitled to release of the seized premises without first filing a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022
Whether the Court can grant liberty to the petitioner to approach the competent authority for release upon payment of penalty

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

seizure
illicit liquor
Bihar Prohibition and Excise Act
Rule 12B
writ petition
release of premises
penalty

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.103 of 2026
                 ======================================================
                 Munni Devi W/o Late Ram Lakhan Mahto @ Lakhan Mahto Resident of
                 Koiri Tola, Kako, P.S.- Kako, District- Jahanabad (Bihar).
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Prohibition, Excise and
                  Registration Department, Govt. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Jahanabad.
           4.    The Superintendent of Police, Jahanabad.
           5.    The Excise Superintendent, Jahanabad.
           6.    The Station House Officer, Excise, P.S. Jahanabad.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Bijay Shankar Choubey, Advocate
                 For the Respondent/s   :       Mr.Government Pleader (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                          and
                          HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   21-01-2026            The present writ petition has been filed for releasing/de-

                   sealing the premises of the petitioner seized in connection with

                   Jehanabad Excise P.S. Case No.765 of 2025 dated 01.12.2025,

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016 against one Pankaj Kumar on account of

                   recovery of 319.875 litres of illicit liquor from the said premises

                   in question.

                          2. The learned counsel for the petitioner submits that the

                   premises from where illicit liquor has been recovered was taken

                   on rent vide agreement dated 26.11.2022 by one Arun Kumar
            Patna High Court CWJC No.103 of 2026(2) dt.21-01-2026
                                                        2/2




                      from the petitioner and the petitioner is the mother of the

                      accused Pankaj Kumar, hence it is submitted that the petitioner

                      is not having any complicity in the matter. Nonetheless, the

                      learned counsel for the petitioner seeks liberty on behalf of the

                      petitioner to file appropriate petition under Rule 12-B of the

                      Bihar Prohibition and Excise (Amendment) Rules, 2022

                      (hereinafter referred to as “the Rules”)         for release of the

                      premises upon payment of penalty. Liberty so sought is granted.

                              3. It is needless to state that in case appropriate petition

                      under Rule 12B of the Rules, 2022 is filed before the Competent

                      Authority, i.e. the Collector, Jehanabad/authorised officer within

                      a period of three weeks from today, the same shall be decided on

                      merits and the Collector, Jehanabad/ the authorised officer shall

                      pass a reasoned and a speaking order, in accordance with law,

                      within a period of four weeks, thereafter.

                              4. Accordingly, the present writ petition stands disposed

                      off on the aforesaid terms.


                                                       (Mohit Kumar Shah, J)


                                                        (Praveen Kumar, J)

kanchan/-
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