Patna High Court
Jai Ashish SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner must first file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, and the District Magistrate must decide the matter within the prescribed time, after which the shop must be de‑sealed.
Summary
The petitioner, Jai Ashish Singh, owned a shop that was sealed on 4 February 2025 after authorities recovered 132.480 litres of foreign liquor, invoking Sections 30(a), 32(i)(ii) and 56(b) of the Bihar Prohibition and Excise Act, 2016. Singh, who had let the shop to a tenant, appealed to the District Magistrate for de‑sealing but received no order. The State argued that the confiscation proceedings were pending and that any relief must be sought under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022. The High Court directed the petitioner to file a petition under Rule 12B within two weeks and ordered the District Magistrate to pass a reasoned order within four weeks, failing which the shop must be de‑sealed. The writ petition was therefore disposed subject to the stipulated procedural step.
Issues considered
- Whether a writ petition for de‑sealing a shop seized under the Bihar Prohibition and Excise Act can be entertained directly, or must be pursued under the specific administrative remedy of Rule 12B of the 2022 Rules.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(i)(ii), 56(b)
Subjects
- Prohibition law
- Excise
- Seizure
- De‑sealing
- Writ petition
- Administrative remedy
- Rule 12B
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17902 of 2025
======================================================
Jai Ashish Singh s/o Late Rajendra Singh, Resident of Mohalla- Rajiv Nagar,
Road No- 24, P.S.- Rajiv Nagar, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary cum Excise Commissioner, Govt. of Bihar,
Patna.
3. The District Magistrate, Patna.
4. The Excise Superintendent, Patna.
5. The Excise Inspector cum Excise Station House Officer, Sadar Sub-division,
Patna.
6. The Excise Inspector, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Adv.
For the State : Mr. Birju Prasad, GP-13
Mrs. Shweta Anand, AC to GP-13
======================================================
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 Respondents to de-seal the sealed shop of the petitioner,
which has been sealed since 4.2.2025 on account of recovery of
about 132.480 liters of foreign liquor from the shop in question,
in connection with Patna Prohibition P.S.Case No. 154 of 2025
dated 04.02.2025, registered under Section 30(a), 32(i)(ii) and
Section 56(b) of the Bihar Prohibition and Excise Act, 2016
against Niraj Kumar, Ansh Kumar and others.
Patna High Court CWJC No.17902 of 2025(2) dt.12-01-2026
2/3
2. The learned counsel for the petitioner submits that the
petitioner is lawful owner of the shop, situated at Road No. 24,
Rajiv Nagar, District-Patna, which he had let out to one
Abhishek Singh by a rent agreement dated 29.5.223, however
during the subsistence of the said rent agreement, the aforesaid
criminal case was filed on 4.2.2025 on account of recovery of
illicit liquor from the said shop. It is also submitted that the
petitioner had made a detailed representation on 2.5.2025 before
the District Magistrate, Patna for de-sealing his shop, but till
date no order has been passed.
3. Per contra, the learned counsel for the Respondent-State
submits that in case the confiscation proceedings have not been
concluded and a fresh petition is filed by the petitioner under
Rule 12B of the Bihar Prohibition and Excise (Amendment)
Rules, 2022 (hereinafter referred to as “the Rules, 2022”), the
same shall be decided, expeditiously.
4. 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 12B of the Rules, 2022 for
de-sealing / release of the shop in question and in case such a
petition is filed within a period of two weeks from today before
the District Magistrate, Patna, he shall pass a reasoned and a
Patna High Court CWJC No.17902 of 2025(2) dt.12-01-2026
3/3
speaking order, in accordance with law, within a period of four
weeks thereafter, failing which it would be incumbent upon the
District Magistrate, Patna to de-seal the shop in question and
hand over its possession to the petitioner, forthwith.
5. Accordingly, the present writ petition stands disposed off
on the aforesaid terms.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
Ajay/-
U
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