Patna High Court

Ranjeet ChaudharyversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court granted liberty to file the Rule 12B application and stayed the confiscation proceedings until a final order is passed.

Summary

Petitioner Ranjeet Chaudhary sought release of his house that had been sealed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 5 litres of illicit country‑made liquor were recovered from his premises. He requested liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises upon payment of a penalty, and also asked that the confiscation proceedings initiated later be stayed. The High Court held that the petitioner should be allowed to file the Rule 12B application within three weeks and directed the competent authority to decide it within two weeks, otherwise the house must be de‑sealed. The Court further stayed the confiscation proceedings until a final order is passed under Rule 12B. The writ petition was disposed on these terms.

Issues considered

Whether the petitioner is entitled to liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of sealed premises.
Whether the confiscation proceedings can be stayed pending the filing and determination of the Rule 12B application.

Subjects

sealing
excise
illicit liquor
Rule 12B
confiscation
stay of proceedings
release of premises

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 1200 of 2026
     ======================================================
     Ranjeet Chaudhary Son of Krishan Nandan Chaudhary, R/o- Rahui, P.S.-
     Rahui, District- Nalanda.
                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Additional Chief Secretary, Excise
     Department, Govt. of Bihar, Patna.
2.   The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna.
3.   The Excise Commissioner, Patna Division, Patna.
4.   The District Magistrate, Nalanda at Biharsharif.
5.   The Excise Superintendent of Police, Nalanda at Biharsharif.
6.   The S.H.O., Rahui Police Station, District- Nalanda.
7.   The Investigating Officer, Rahui Police Station, District- Nalanda.
                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Uday Prasad, Advocate
     For the Respondent/s   :       Mr. Divit Vinod, AC toSC-26
     ======================================================
       CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                                and
                    HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                 ORAL JUDGMENT
         (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

     Date: 16-03-2026

                 The present petition has been filed for release of the

     house/premises of the petitioner which has been sealed in

     connection Rahui P.S. Case No. 459 of 2022 dated 28.08.2022,

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

     Excise (Amendment) Act, 2018 (hereinafter referred to as “the

     Act 2018”) against the petitioner on account of recovery of 5

     litres of illicit country made liquor from his house, upon search
Patna High Court CWJC No.1200 of 2026 dt.16-03-2026
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        being made pursuant to the petitioner being apprehended on the

        spot.

        02.     At the outset, learned counsel for the petitioner seeks

        liberty on behalf of the petitioner to file appropriate application

        under Rule 12B of the Bihar Prohibition and Excise

        (Amendment) Rules, 2022 (hereinafter referred to as the “Rules,

        2022”) for release of the premises in question upon payment of

        penalty. Nonetheless, the learned counsel for the petitioner

        submits that the confiscation proceeding, initiated after lapse of

        several years, bearing Confiscation (Excise) Case No. 07 of

        2026, by the learned Court of Sub-Divisional Magistrate, Bihar

        Sharif be stayed during the interregnum period.

        03.     Having regard to the facts and circumstances of the case

        we deem it fit and proper to grant liberty to the petitioner to file

        appropriate application under Rule 12B of the Rules, 2022 and

        in case such an application is filed within a period of three

        weeks from today, the concerned/competent authority shall

        consider the same on merits and shall pass a reasoned and a

        speaking order in accordance with law within a period of two

        weeks thereafter positively, failing which the premises/house of

        the petitioner shall be liable to be de-sealed forthwith.

        04.     It is needless to say that in case, appropriate petition is
              Patna High Court CWJC No.1200 of 2026 dt.16-03-2026
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                      filed by the petitioner under Rule 12B of the Rules, 2022, within

                      a period of three weeks from today, the aforesaid confiscation

                      proceedings shall remain stayed till passing of the final order by

                      the competent authority under Rule 12B of the Rules, 2022.

                      05.     The writ petition stands disposed on the aforesaid terms.


                                              (Mohit Kumar Shah, J)



                                                (Arun Kumar Jha, J)

Anuradha/-
AFR/NAFR               NAFR
CAV DATE               N/A
Uploading Date         25.03.2026
Transmission Date      N/A

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