Patna High Court

Hemant Kumar Singh @ Hiraya Pratap SinghversusThe State of Bihar

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

Holding

The Court held that the petitioner may file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector within three weeks, and the house shall be de‑sealed upon appropriate order.

Summary

The petitioner, Hemant Kumar Singh, filed a writ petition seeking the de‑sealing of his house, which had been sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after the recovery of 155.520 litres of illicit foreign liquor. He contended that the house was in joint possession with family members and that he bore no personal complicity in the offence. The petitioner requested liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the house upon payment of a penalty. The Court examined the procedural requirement and, noting the petitioner’s lack of direct involvement, granted the liberty to approach the Collector, Vaishali, within three weeks. It directed that the Collector consider the petition on merits and issue a reasoned order within four weeks. Consequently, the writ petition was disposed, subject to the stipulated conditions.

Issues considered

Whether the petitioner is entitled to de‑seal his house sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the Court can grant liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the sealed property.

Legislation cited

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

Subjects

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

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15394 of 2025
                 ======================================================
                 Hemant Kumar Singh @ Hiraya Pratap Singh Son of Ashok Kumar Singh,
                 Resident of Village- Raja Pakar, South Ward No.- 03, P.S.- Raja Pakar,
                 District- Vaishali.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Secretary, Excise Prohibition and
                  Registration Department, Government of Bihar, Patna.
           2.    The District Magistrate, Vaishali.
           3.    The Superintendent of Police, Vaishali.
           4.    The Officer- Incharge, P.S.- Raja Pakar, Vaishali.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Dhaneshwar Prasad Gupta
                 For the Respondent/s   :       Mr.Standing Counsel (9)
                 ======================================================
                 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 /

                   release of the house of the petitioner situated at Khata No. 51,

                   Khesra No. 9817, situated at mauja-Rajapakar, P.S. No. 233,

                   Ward No. 13, District-Vaishali, which has been sealed in

                   connection with Rajapakar P.S. Case No. 138/2024, registered

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2016 against the petitioner and four others on account of

                   recovery of 155.520 liters of illicit foreign liquor from the said

                   house.

                   2.     The learned counsel for the petitioner submits that the

                   house of the petitioner from where illicit liquor has been
         Patna High Court CWJC No.15394 of 2025(4) dt.05-02-2026
                                                    2/2




                   recovered is in his joint possession alongwith his other family

                   members, 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 the 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, Vaishali, within a period of three

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

                   the Collector, Vaishali/ his authorized 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)


                                          ( Alok Kumar Pandey, J)

Ajay/-

U

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