Patna High Court
Bijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to liberty to file a petition under Rule 12B for release of the sealed premises, and disposed of the writ petition on that basis.
Summary
Petitioner Bijay Kumar Singh filed a writ petition seeking de‑sealing and release of his shop, which had been seized and sealed by Excise officials for possession of 306 litres of illicit country‑made liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was merely the owner‑lessor and had rented the premises to respondents Ravi Kumar and Govind Kumar, and therefore bore no complicity in the offence. He requested liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises on payment of a penalty. The Court, after considering the facts, granted the petitioner liberty to file the Rule‑12B petition within two weeks and directed the competent authority to decide the matter within four weeks. Consequently, the writ petition was disposed of on those terms.
Issues considered
- Whether the owner‑lessor of premises seized for illicit liquor can be held liable and denied de‑sealing.
- Whether the writ petition for de‑sealing is maintainable against the State and Excise authorities.
- Whether the petitioner is entitled to seek release of the sealed premises under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- de‑sealing
- excise seizure
- illicit liquor
- lease liability
- Rule 12B
- Bihar Prohibition and Excise Act
- civil writ jurisdiction
- penalty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17911 of 2025
======================================================
Bijay Kumar Singh, Son of Chandradip Singh, Resident of Maulabag Ward
No.- 22. near Girl High School, Daudnagar, PS. Daudnagar, District-
Aurangabad, Bihar and also the resident of Village- Ekauni, PS. Daudnagar,
District- Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise and Registration
Department, Government of Bihar, Patna.
2. The Excise Commissioner, Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, Aurangabad, District -Aurangabad,
Bihar.
4. The Superintendent of Police, Aurangabad, District Aurangabad, Bihar.
5. The Excise Superintendent, Aurangabad, District Aurangabad, Bihar.
6. The Station House Officer, Excise Police Station, Daudnagar, District-
Aurangabad, Bihar.
7. Ravi Kumar @ Dharmendra Kumar son of Praadeep Sao, resident of Village
Repura, PO- Ekauni, PS- Daudnagar, District- Aurangabad, Bihar.
8. Govind Kumar son of Pradeep Sao, resident of Village-Repura, PO- Ekauni,
PS- Daudnagar, District- Aurangabad, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the State : Mr. Subhash Pd. Singh, GA 3
Mr. Dilip Kumar, AC to GA 3
======================================================
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 de-sealing
the shop of the petitioner as also to release the same in favour of
the petitioner which has been seized and sealed by the Excise
Officials in connection with Daudnagar Excise P.S. Case No. 70
Patna High Court CWJC No.17911 of 2025(2) dt.19-01-2026
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of 2025 dated 27.02.2025, registered under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act, 2016 against one
Ravi Kumar, Govind Kumar (absconder) and owner of the shop
from where 306 liters of illicit country made liquor has been
recovered.
2. The learned counsel for the petitioner submits that
the petitioner had given the shop, from which illicit liquor has
been recovered, on rent to the respondent Nos.7 and 8, vide rent
agreement dated 16.09.2023, hence it is not the petitioner who is
having any complicity in the alleged recovery of the illicit
country made liquor.
3. 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 premises/shop on payment of penalty.
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 12 B of the Rules, 2022
before the competent authority and in case such a petition is filed
within a period of two weeks from today, the competent
authority shall consider the same fairly, in accordance with law
and pass a reasoned and a speaking order within a period of four
Patna High Court CWJC No.17911 of 2025(2) dt.19-01-2026
3/3
weeks, thereafter.
5. Accordingly, present writ petition stands disposed
of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
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