Patna High Court

Krishna PrasadversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court granted liberty to the petitioner to file a Rule‑12B petition before the District Magistrate for release of the sealed shop, subject to prescribed timelines.

Summary

The petitioner, Krishna Prasad, sought a writ directing the State authorities to de‑seal his fast‑food shop, which had been sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 following the recovery of 9 litres of illicit liquor. He argued that no confiscation proceedings had been initiated and requested liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the shop upon payment of a penalty. The State contended that any such petition would be decided within a time frame fixed by the Court. The High Court, after considering the facts, granted the petitioner liberty to file the Rule‑12B petition before the District Magistrate of Gaya, imposing a two‑week deadline for filing and a four‑week period for the Magistrate to pass a reasoned order. The writ petition was consequently disposed of on these terms.

Issues considered

Whether the petitioner is entitled to liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of a shop sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

sealing
excise
prohibition
Rule 12B
writ petition
civil writ jurisdiction
shop release
penalty
district magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18291 of 2025
                 ======================================================
                 Krishna Prasad Son of Late Mahesh Prasad, resident of Village Belaganj, P.S.
                 Belaganj, District Gaya.

                                                                            ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Excise Commissioner, Excise Department,
                 Government of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    District Magistrate, Gaya.
           4.    The Superintendent of Police, Gaya.
           5.    The Station House Office (S.H.O.), Belaganj P.S., District Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Md. Javed Jafar Khan, Adv.
                 For the State          :      Ms. Vijaya Laxmi Srivastava, AC to SC-23
                 ======================================================
                 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 shop of the petitioner in

                   the name and style Krishna Fast Food, located near the Mazar at

                   Belaganj Bazar, District-Gaya, which has been sealed in

                   connection with Belaganj P.S.Case No. 462 of 2024 dated

                   29.7.2024, registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016 against the petitioner and

                   others and as far as the petitioner is concerned, 9 liters of illicit
Patna High Court CWJC No.18291 of 2025(2) dt.12-01-2026
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          Bear has been recovered from the said shop.

          2.      The learned counsel for the petitioner submits that as per

          his knowledge, no confiscation proceedings have been initiated,

          nonetheless the petitioner be granted liberty to file a petition

          under Rule 12B of the Bihar Prohibition and Excise

          (Amendment) Rules, 2022 (hereinafter referred to as “the Rules,

          2022”) for the purposes of release of the shop on payment of

          penalty.

          3.      The learned counsel for the Respondent-State submits

          that in case the case of the petitioner for release of the shop in

          question has not already been decided, the same would

          definitely be decided within a stipulated time frame, as is fixed

          by this Court.

          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 before

          the District Magistrate, Gaya for release of his shop in question

          and in case such a petition is filed within a period of two weeks

          from today, the learned District Magistrate, Gaya shall pass a

          reasoned and a speaking order, in accordance with law, within a

          period of four weeks, thereafter.

          5.      Accordingly, the present writ petition stands disposed off
         Patna High Court CWJC No.18291 of 2025(2) dt.12-01-2026
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                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                             ( Praveen Kumar, J)

Ajay/-

U

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