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Patna High Court

Rinki SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to file an application under Rule 12‑B and directed the competent authority to decide it within the prescribed timeline.

Summary

Petitioner Rinki Sinha filed a writ petition seeking the release of two ground‑floor rooms that had been sealed after the seizure of 375 litres of codeine cough syrup in a case against Jitendra Kumar under the Bihar Prohibition and Excise Act, 2018. The rooms were rented to Rahul Kumar and Jitendra Kumar under a rent agreement dated 01‑11‑2024. The petitioner argued that she should be allowed to file an application under Rule 12‑B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises on payment of a penalty, and that the authority should decide the application within a fixed period. The Court examined whether the petitioner was entitled to such liberty and whether the court could impose a timeline on the competent authority. Finding it appropriate, the Court granted the petitioner liberty to file the application under Rule 12‑B and directed the authority to consider it within two weeks and to pass a reasoned order within four weeks. Consequently, the writ petition was disposed of on those terms.

Issues considered

  • Whether the petitioner is entitled to liberty to file an application under Rule 12‑B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of seized premises.
  • Whether the Court can direct the competent authority to decide such an application within a stipulated time frame.

Subjects

  • writ petition
  • seizure
  • excise law
  • codeine cough syrup
  • release of premises
  • Rule 12-B
  • penalty
  • Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.16280 of 2025
                 ======================================================
                 Rinki Sinha W/o Satish Kumar, Presently residing at Niranjanpur, Kharauniya
                 Bagicha, Indralok Nagar, P.S.- Bypass, Dist.- Patna- 804451 while Permanent
                 resident of Village- Chhati, P.S.- Dhanarua, Dist.- Patna.
                                                                            ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Excise, Patna.
           2.    The District Magistrate, Patna.
           3.    The Deputy Collector, Land Reform-cum-Confiscation Authority, Patna.
           4.    The Circle Officer, Patna City Crcle, Kumhrar.
           5.    The Superintendent of Police, Patna.
           6.    The S.H.O., Excise Police Station Patna Sadar, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Neeraj Kumar, Advocate
                 For the Respondent/s   :       Mr.Government Pleader (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   19-01-2026                   The present writ petition has been filed for releasing

                   two rooms situated on the ground floor under stair case at

                   Niranjanpur, Kharauniya Bagicha, P.S.-Bypass, District-Patna,

                   appertaining to Khata No.971, Khesra No.60 part, which has been

                   sealed and seized on account of recovery of 375 litres of Codeine

                   Cough Syrup, leading to lodging of Excise P.S. Patna Case No.197

                   of 2025 under Sections 30(a), 56(b), 32 and 62 of Bihar

                   Prohibition and Excise Act, 2018 against one Jitendra Kumar.

                               2. The learned counsel for the petitioner submits that the
            Patna High Court CWJC No.16280 of 2025(2) dt.19-01-2026
                                                       2/2




                      said two rooms had been given on rent to Rahul Kumar and Jitendra

                      Kumar vide Rent Agreement dated 01.11.2024, nonetheless it is

                      submitted that the petitioner be granted liberty to file appropriate

                      application under Rule 12-B of the Bihar Prohibition and Excise

                      (Amendment) Rules, 2022 for release of the premises on payment

                      of penalty, however the concerned authority be directed to dispose

                      off the said application within a stipulated time frame.

                                  3. Having regard to the facts and circumstances of the

                      case, we deem it fit and proper to grant liberty to the petitioner to

                      file appropriate petition under Rule 12-B of the Bihar Prohibition

                      and Excise (Amendment) Rules, 2022 before the competent

                      authority and in case such an application is filed within a period of

                      two weeks from today, the competent authority shall consider the

                      same in accordance with law and pass a reasoned and a speaking

                      order, with a period of four weeks thereafter.

                                  4.     Accordingly, the writ petition stands disposed off

                      on the aforesaid terms.



                                             (Mohit Kumar Shah, J)


                                                 (Praveen Kumar, J)
kanchan/-

U


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