Patna High Court
Dukhi SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a petition under Rule 12B and directed the Collector to consider it, thereby disposing of the writ petition.
Summary
Dukhi Sah, the petitioner, is the registered owner of a shop known as Krishna Dhaba in Madhubani district, which was seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after the recovery of 135.75 litres of illicit liquor. The petitioner contends that he merely leased the premises to Brahmdev Sah, an accused in the excise case, and therefore bears no complicity. He sought a writ directing the authorities to release the seized premises in his favour. The Court, referring to the precedent Mahendra Prasad Singh v. State of Bihar (C.W.J.C. No. 2129 of 2025, 01‑09‑1995), granted the petitioner liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 within four weeks, attaching the cited judgment. The Collector, Madhubani, or an authorized officer is directed to consider the petition and pass a reasoned order within four weeks, after which the writ petition is disposed.
Issues considered
- Whether the petitioner, as the owner of the seized premises, is entitled to have the shop released without further proceedings.
- Whether the petitioner may approach the Collector under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises upon payment of penalty.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- seizure
- illicit liquor
- property rights
- writ petition
- Rule 12B
- excise law
- release of premises
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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