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Patna High Court

Sanjay BariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to appear before the District Magistrate, file objections in the confiscation case, and file a Rule 12B petition for release of the premises, and disposed of the writ petition on those terms.

Summary

The petitioner, Sanjay Bari, challenged the sealing of a portion of his house in Madhubani district after authorities recovered 54 litres of illicit Nepali liquor and 28.32 litres of foreign liquor, invoking Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that no confiscation proceedings had been initiated at the time of filing, but the respondents disclosed that a confiscation case (No. 388 of 2025) was already pending before the District Magistrate. He sought liberty to appear before the magistrate, file objections in the confiscation case, and file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises on payment of penalty. The High Court granted the requested liberty, prescribed timelines for filing objections and for the magistrate’s final order, and conditioned the confiscation proceedings on the outcome of the Rule 12B petition. Consequently, the writ petition was disposed of on these terms.

Issues considered

  • Whether the petitioner is entitled to liberty to appear before the District Magistrate and file objections in the pending confiscation case.
  • Whether the petitioner may file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the sealed premises on payment of penalty.
  • Whether the writ petition seeking de‑sealing can be entertained while confiscation proceedings are pending.

Legislation cited

Subjects

  • seizure
  • confiscation
  • illicit liquor
  • writ petition
  • de‑sealing
  • Bihar Prohibition and Excise Act
  • Rule 12B
  • procedural liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15544 of 2025
                 ======================================================
                 Sanjay Bari Son of Sugdeo Bari, Resident of ward no. 8, Laxminagar, P.S.
                 Town, District- Madhubani.


                                                                               ... ... Petitioner/s
                                                    Versus


           1.    The State of Bihar through the Additional Chief Secretary Department of
                 Excise Bihar, Patna.
           2.    The Director General of Police, Bihar, Patna.
           3.    The Inspector General of police, Bihar, Patna.
           4.    The Deputy General Inspector of police, Darbhanga Division.
           5.    The District Magistrate, Madhubani
           6.    The Superintendent of Police, Madhubani.
           7.    The Deputy Superintendent of Police, Madhubani.
           8.    The officer incharge excise town police station, Sadar Madhubani.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s   :      Mr. Ravi Prakash, Advocate
                                               Mr. Gagan Deo Yadav, Advocate
                                               Mr. Vinod Kumar, Advocate
                                               Mr. Udeshya Kumar Yadav, Advocate
                                               Mr. Rajesh Kumar, Advocate

                 For the State          :      Mr. Yogendra Pd. Sinha, AAG 7

                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                      (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   12-01-2026                   The present writ petition has been filed for directing

                   the respondent authorities to de-seal the sealed portion of the

                   house of the petitioner situated at Kotwali Chauk, Mauza –
Patna High Court CWJC No.15544 of 2025(2) dt.12-01-2026
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          Bhauara, Police Station No.62, District – Madhubani,

          appertaining to Khata No. - 807, Khesra No. - 1906,

          admeasuring 3.161 decimal, which has been sealed on account

          of recovery of 54 liters of illicit Nepali country made liquor and

          28.320 liters of illicit foreign made liquor from the house of the

          petitioner leading to registration of Sadar Excise Madhubani

          P.S. Case No. 324 of 2024 dated 18.11.2024 under Section 30

          (a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

          referred to as ‘the Act, 2016’) against the petitioner and his

          wife.

                      2. It is submitted by the learned counsel for the

          petitioner that though at the time the present writ petition was

          filed, no confiscation proceedings had been initiated, however

          the respondents have filed a counter affidavit wherein it has

          been stated that a confiscation proceeding bearing Confiscation

          Case No. 388 of 2025 has already been initiated by the learned

          District Magistrate, Madhubani, after which notices have also

          been issued to the petitioner to appear physically before the

          learned Court of District Magistrate and the said proceedings

          are still pending consideration.

                      3. In view of the aforesaid, the learned counsel for the

          petitioner seeks liberty on behalf of the petitioner to appear
Patna High Court CWJC No.15544 of 2025(2) dt.12-01-2026
                                           3/4




          before the learned Court of District Magistrate, Madhubani in

          the aforesaid Confiscation Case No. 388 of 2025 and file his

          objections, as also prays that the petitioner be granted liberty 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 premises on

          payment of penalty. Liberty, so sought, is granted.

                      4. It is needless to state that in case any petition is

          filed by the petitioner before the learned District Magistrate,

          Madhubani under Rule 12 B of the Rules, 2022 within a period

          of two weeks from today, appropriate decision shall be taken

          thereon within a period of two weeks, thereafter.

                      5. As far as the main confiscation case is concerned

          i.e. the one bearing Confiscation Case No. 388 of 2025, the

          petitioner shall file his objections within a period of four weeks

          from today, whereupon the learned District Magistrate,

          Madhubani shall pass the final order within a period of six

          weeks thereafter, however it is clarified that in case no written

          objection is filed by the petitioner in the aforesaid confiscation

          case, the learned District Magistrate, Madhubani shall be free to

          pass appropriate orders in accordance with law within a period

          of six weeks from today, nonetheless it is clarified that the said
          Patna High Court CWJC No.15544 of 2025(2) dt.12-01-2026
                                                     4/4




                    confiscation proceedings shall be subject to the outcome of the

                    petition to be filed by the petitioner under Rule 12 B of the

                    Rules, 2022.

                                6. Accordingly, the present writ petition stands

                    disposed of on the aforesaid terms.



                                                        (Mohit Kumar Shah, J)


                                                           (Praveen Kumar, J)
GAURAV S./-
U


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