Patna High Court
Bhagmani Mahto @ Bhagmani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court disposed the writ petition, granting the petitioner liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, and directing the appellate authority to decide the appeal on merits within a stipulated period.
Summary
The police raided Surendra Mahto’s house in Amnour Dih on confidential information and recovered 25.920 litres of illicit foreign liquor, leading to an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The Deputy Collector Land Reforms ordered the release of the house but imposed a penalty of Rs 1,10,000 plus a 3% surcharge, which the petitioner, Bhagmani Mahto, challenged as excessive and unsupported, asserting she owned the house by a 2010 sale deed and had no involvement in the offence. The respondents argued that a later order dated 11‑09‑2025 confiscated the house and directed its conversion to government land under the Bihar Land Special Survey and Settlement Act, 2011. The Court held that the writ petition could not grant immediate relief but granted the petitioner liberty to file an appeal under Section 92 of the 2016 Act within two weeks and directed the appellate authority to decide the matter on merits within four weeks. Consequently, the writ petition was disposed of, with the matter to be resolved through the permitted appeal.
Issues considered
- Whether the penalty of Rs 1,10,000 and 3% surcharge imposed by the Deputy Collector is lawful and can be quashed by a writ petition
- Whether the petitioner is entitled to release of the house despite the confiscation order under the Bihar Land Special Survey and Settlement Act, 2011
- Whether the petitioner may file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and the time‑frame for such appeal
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 92
Subjects
- writ petition
- confiscation
- excise penalty
- Section 30(a)
- Section 92
- illicit liquor
- land conversion
- appeal
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16026 of 2025
======================================================
Bhagmani Mahto @ Bhagmani Devi Wife of Surendra Mahto, Resident of
Village- Amnour Dih, Police Station - Amnour, District- Saran, presently
residing at Mohalla- Samrail, Police Station- Howrah, West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Saran at Chapra.
4. The Superintendent of Police, Saran at Chapra.
5. The Deputy Collector Land Reforms, Marhaura, District- Saran.
6. The Station House Officer of Amnour Police Station, District- Saran at
Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Respondent/s : Mr. Additional Advocate General (9)
Mr. Anil Kumar Verma, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 09-02-2026 The present writ petition has been filed for quashing
the order dated 17.07.2025 passed by the Deputy Collector Land
Reforms, Marhaura, Saran in Confiscation Case No. 118 of
2024 whereby and whereunder a penalty of Rs. 1,10,000/- has
been imposed along with additional 3% penalty to the tune of
Rs. 3,300/- on the head of security and upkeep of the premises
in question, for the purposes of release of the house in question.
Patna High Court CWJC No.16026 of 2025(2) dt.09-02-2026
2/4
2. The brief facts of the case are that the police force,
upon receipt of confidential information regarding smuggling of
illicit liquor, had proceeded to conduct a raid at the house of
Surendra Mahto situated at village - Amnour Dih and when the
police force had reached near the said house, one person was
trying to flee away, however he was arrested by the police force
and upon being asked he had disclosed his name as Surendra
Mahto. Thereafter, a search was made at the house of said
Surendra Mahto and during the course of search, 25.920 liters of
illicit foreign liquor was recovered from the roof of the house in
question. On the basis of written report of the police personnel,
an FIR bearing Amnour P.S. Case No. 426/2024 dt. 21.12.2024
was registered under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 (hereinafter referred to as the “Act, 2016”)
against the aforesaid Surendra Mahto on account of recovery of
25.920 liters of illicit foreign liquor.
3. The learned counsel for the petitioner submits that
the Deputy Collector Land Reforms, Marhaura, Saran vide order
dated 17.07.2025 has though passed an order for release of the
house in question, however penalty to the tune of Rs. 1,10,000/-
along with 3% additional penalty to the tune of Rs. 3,300/- has
been levied which in any view of the matter is exorbitant. It is
Patna High Court CWJC No.16026 of 2025(2) dt.09-02-2026
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submitted that the house in question does not belong to Surendra
Mahto, who is the estranged husband of the petitioner and the
petitioner has acquired the said house from her own resources
vide registered sale deed dated 07.05.2010. It is also submitted
that the house in question was closed at the time, the police had
conducted search and in fact the illicit liquor has been
admittedly recovered from the roof of the said house. It is stated
that a bare perusal of the counter affidavit filed in the present
case would show that no material has been brought on record to
show the connivance of the petitioner in the alleged occurrence,
hence it is submitted that the respondent authorities be directed
to release the aforesaid house in favour of the petitioner.
4. Per contra, the Ld. counsel for the respondent-State
has submitted that after passing of the aforesaid order dt.
17.7.2025, the final order dated 11.9.2025 has been passed by
the Ld. court of Deputy Collector Land Reforms, Marhaura,
Saran in Excise Confiscation Case No. 118 of 2024 and the
house in question has been confiscated as also it has been
directed that the same be registered as a government land under
the provisions of the Bihar Land Special Survey and Settlement
Act, 2011.
5. At this juncture, the learned counsel for the
Patna High Court CWJC No.16026 of 2025(2) dt.09-02-2026
4/4
petitioner submits that since the said order dated 11.09.2025 has
not been challenged in the present proceedings, the petitioner be
granted liberty to challenge the same by filing appropriate
appeal under Section 92 of the Act, 2016, however submits that
the aforesaid issues be directed to be considered and the appeal
be directed to be disposed off within a stipulated time frame.
Liberty so sought is granted.
6. It is needless to say that in case appropriate appeal
is filed by the petitioner within a period of two weeks from
today, the appellate authority shall consider the same on merits
as also take into account the aforesaid submissions made by the
learned counsel for the petitioner and pass a reasoned and a
speaking order on merits, without being impeded by the issue of
limitation, within a period of four weeks, thereafter.
7. Accordingly, the present writ petition stands
disposed off.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
Nilmani/-
U
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