Patna High Court

Rajkumar ChoudharyversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The court held that the petitioner may seek release of the sealed premises under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, and accordingly granted him liberty to do so.

Summary

The petitioner, Rajkumar Choudhary, filed a writ petition seeking the de‑sealing of rooms in his residential house that had been sealed under Excise Case No. 92/2025 for the recovery of illicit liquor. The petitioner argued that the sealed rooms were jointly possessed with his wife, Rina Devi, who is an accused, and that he 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, which allows release of sealed premises upon payment of a penalty. The judges granted the petitioner liberty to file such a petition before the Collector, Nawada, within three weeks and directed that a reasoned order be passed within four weeks. Consequently, the writ petition was disposed, with the matter to be decided on the merits of the Rule‑12B application.

Issues considered

Whether the petitioner, as a joint possessor with an accused, is entitled to de‑seal the premises sealed under the Bihar Prohibition and Excise Act.
Whether a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, is the appropriate remedy for release of the sealed rooms.
Whether the court can grant liberty to file the Rule‑12B petition and prescribe timelines for its consideration.

Legislation cited

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

Subjects

sealing
excise
illicit liquor
Rule 12B
writ petition
de‑sealing
penalty
joint possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.15132 of 2025
                 ======================================================
                 Rajkumar Choudhary S/o Sukhdeo Chaudhary @ Sukadev Chaudhari,
                 Resident of Village- Okhariya near Gola Bazar Pali, P.S.- Kawakole, District-
                 Nawada.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat, Bihar, Patna.
           2.    The Divisional Commissioner, Excise Department, Patna Division, Patna.
           3.    The District Collector, Nawada.
           4.    The Superintendent of Police, Nawada.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :      Mr.Government Advocate (3)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   05-02-2026              The present writ petition has been filed for de-sealing the

                   rooms of the residential house of the petitioner situated at Khata

                   No. 91, Khesra No. 618, 615, ad-measuring 14 decimal, situated

                   at gram mauza-Ukhriya, Circle-Kawakole, District-Nawada

                   which have been sealed in connection with Excise P.S.

                   Pakribarawn Case No. 92/2025, registered under Section 30(a),

                   30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016

                   against one Rina Devi and one suspect Shankar Chaudhary on
Patna High Court CWJC No.15132 of 2025(4) dt.05-02-2026
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          account of recovery of 60 liters of illicit country made liquor

          and 100 liters of Mahua Jawa liquid.

          2.      The learned counsel for the petitioner submits that the

          rooms of the residential house of the petitioner from where

          illicit liquor has been recovered is in joint possession of the

          petitioner and his wife, namely Rina Devi, who is an accused in

          the aforesaid Excise P.S. Pakribarawn Case No. 92/2025, hence

          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, 2022”) for release

          of rooms of the residential house of the petitioner 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, Nawada, within a period of three

          weeks from today, the same shall be considered on merits and

          the Collector, Nawada/ his 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
         Patna High Court CWJC No.15132 of 2025(4) dt.05-02-2026
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                   the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                          ( Alok Kumar Pandey, J)

Ajay/-

U

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