Patna High Court
Gulab PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The statutory provision in Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021 mandates a minimum fine of Rs 1,00,000, and therefore the Collector’s order fixing that amount is lawful and cannot be set aside.
Summary
Petitioners Gulab Paswan and Gulabi Kunwer challenged an order of the Collector‑cum‑District Magistrate directing them to deposit Rs 1,00,000 to release their house from confiscation under the Bihar Prohibition and Excise Rules. They argued that the amount far exceeded the valuation of the property (approximately Rs 90,000) and that the rule required consideration of their economic status. The State relied on Rule 12B(2) of the 2021 Rules, which, while allowing discretion, expressly mandates that the fine shall not be less than Rs 1,00,000 in any case. The Court examined the statutory language and held that the minimum‑fine provision is a mandatory legislative command, leaving no scope for a lower penalty. Consequently, the order was found to be legally valid and the writ petition was dismissed.
Issues considered
- Whether the Collector can fix a penalty lower than Rs 1,00,000 under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021
- Whether the order directing the petitioners to deposit Rs 1,00,000 violates principles of proportionality or the petitioners' economic status
Legislation cited
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12B(2)
Subjects
- asset confiscation
- penalty
- minimum fine
- Bihar Prohibition and Excise Rules
- writ petition
- civil writ jurisdiction
- economic status
- property valuation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1418 of 2026
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1. Gulab Paswan S/o Late Shobhan Paswan, R/o village Sikarwar, P.S.
Adhoura, District Kaimur at Bhabua.
2. Gulabi Kunwer, W/o Late Laxman Singh, R/o village Sikarwar, P.S.
Adhoura, District Kaimur at Bhabua.
... ... Petitioners
Versus
1. The State of Bihar through the Commissioner, Excise Department, Patna.
2. The Collector Cum District Magistrate, Kaimur at Bhabua.
3. Sub-Divisional Officer, Bhabua, Kaimur at Bhabua.
4. Sub-Divisional Officer, Mohania, Kaimur at Bhabua.
5. The Superintendent of Police, Kaimur at Bhabua.
6. The Superintendent of Excise Prohibition, Kaimur at Bhabua.
7. The Station Head Officer of Adhoura Police Station, Kaimur at Bhabua.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
Mr. Anurag Patel, Advocate
For the Respondent/s : Mr. Amit Bhushan, AC to GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
4 14-05-2026 Petitioners in this writ application are aggrieved by
and dissatisfied with the order dated 24.10.2025 passed by the
Collector-cum-District Magistrate, Kaimur at Bhabhua in Other
(Asset Confiscation) Case No. 01/2025 arising out of Adhoura
P.S. Case No. 30 of 2023 whereby the District Magistrate has
been pleased to direct the petitioners to deposit a sum of
Rs.1,00,000/- to avoid the confiscating proceeding of their
dwelling house.
Patna High Court CWJC No.1418 of 2026(4) dt.14-05-2026
2/3
2. Learned counsel for the petitioners submits that the
petitioners come from a poor strata of society and the total
valuation of the property from where the mahua liquors have
been recovered would not be more than Rs.90,000/-
approximately. In this regard, statements have been made in
paragraphs ‘10’ and ‘11’ of the writ application. It is submitted
that the sum of Rs.1,00,000/- is much more than the valuation of
the land which is under seal.
3. On the other hand, learned AC to GP-17 for the
State has pointed out sub-rule (2) of Rule 12B of the Bihar
Prohibition and Excise Rules, 2021 (as amended up to date)
(hereinafter referred to as the ‘Rules of 2021 (as amended up to
date)’). It is submitted that under Rule 12B(2), the Collector or
the officer authorised by him is empowered to fix the quantum
of penalty giving due regard to the economic status of the
individual, nature of involvement in crime, location of the
premises and the quantum of intoxicant recovered but in later
part of sub-rule (2), the Legislatures have made it clear that the
fine shall not be less than Rs.1,00,000/- in any case.
4. It is, thus, submitted that the Collector-cum-District
Magistrate, Kaimur at Bhabhua has not committed any error by
asking the petitioner to deposit Rs.1,00,000/- to release the
Patna High Court CWJC No.1418 of 2026(4) dt.14-05-2026
3/3
house from the confiscation proceeding.
5. We have heard learned counsel for the petitioner
and learned AC to GP-17 for the State. Rule 12B(2) of the Rules
of 2021 reads as under:-
“1[12B. Release of Premises on Payment of
Penalty.-
(2) The Collector or the officer authorized by him
shall have due regard to the economic status of the
individual, nature of his involvement in the crime,
location of the premises and the quantum of
intoxicant recovered while deciding the quantum of
fine to be paid by the individual. However, the fine
shall not be less than Rs. one Lakh in any case.”
6. On a bare perusal of the aforesaid provision, it
would appear that in no case the penalty amount may be less
than Rs.1,00,000/-. This being a statutory mandate, we are of the
view that no writ may be issued against the statute. The
impugned order does not suffer from any illegality or infirmity.
7. This writ application stands dismissed.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
1. Ins. by Amdt. Rules, 2022, vide Notifn. No. 2458, dated 5.4.2022.
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