Patna High Court
Arjun SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that, in the absence of any material linking the petitioner to the offence and given the meagre quantity of liquor seized, a fine of Rs 10,000 and de‑sealing of the house is proper.
Summary
Arjun Sharma filed a writ petition seeking the release of his house in Nawada, which had been sealed after a raid recovered 4.95 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The liquor was linked to his son, Ranjeet Kumar, who had been granted bail, but no material connected the petitioner to the offence. The petitioner argued that he is the bona‑fide owner, has clean antecedents, and cited precedents where a modest fine sufficed for de‑sealing in similar cases. The State contended that the petitioner could apply under Rule 12‑B of the Bihar Prohibition and Excise Rules, 2022, but admitted no evidence against him. The Court, noting the small quantity seized and the petitioner’s lack of involvement, ordered a fine of Rs 10,000 and directed the authorities to de‑seal and release the premises upon proof of ownership. The petition was consequently disposed of.
Issues considered
- Whether the owner of premises, not named in the FIR, can be compelled to undergo de‑sealing proceedings under the Bihar Prohibition and Excise Act, 2016 and related rules.
- Whether a fine of Rs 10,000 is an appropriate penalty for the seizure of a small quantity of illicit liquor from a dwelling house.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 58, 92, 93
Subjects
- seizure
- de‑sealing
- Bihar Prohibition and Excise Act
- fine
- ownership
- Rule 12‑B
- small quantity of illicit liquor
- FIR
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18314 of 2025
======================================================
Arjun Sharma Son of Rameshwar Sharma, Resident of Mirzapur, 159,
Opposite Dr. LK Kumar, Ward No. 20, Gondapur, P.S.- Nawada Town,
District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Registration
and Excise, Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Nawada
4. The Additional District Magistrate, Nawada.
5. The Superintendent of Police, Nawada
6. The Station House Officer, Excise Police Station, District-Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Bohra, ADvocate
Mr.Sudhir Kumar Singh, Advocate
Mr. Saharsh Singh, Advocate
Mr. Ambrish Kumar, Advocate
Mr. Mukul Kumar, Advocate
For the Respondent/s : Smt. Binita Singh, SC-28
Mr. Ujjawal Bhushan, AC to SC-28
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date : 05-02-2026
The present writ petition has been filed for directing
the respondent-authorities to de-seal/release the house of the
petitioner situated at Mauza-Mirzapur, Thana No.360, Khata
No.40, Khersa No.467, Ward No.13, Police Station-Nawada
Town, District-Nawada, which has been seized in connection
with Nawada Excise P.S. Case No.544 of 2024, dated
05.08.2024, registered under Section 30(a) of the Bihar
Patna High Court CWJC No.18314 of 2025 dt.05-02-2026
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Prohibition and Excise Act, 2016 (hereinafter referred to as “the
Act, 2016”) against one Ranjeet Kumar on account of recovery
of 4.950 litres of foreign liquor from the said premises.
2. The brief facts of the case are that the Assistant
Sub-Inspector, Prohibition and Excise Police Station, Nawada
along with other police personnel and officials had conducted a
raid on the premises of the house in question on 05.08.2024 and
during the course thereof 4.950 litres of foreign liquor was
recovered and the person who was caught from the said
premise, upon enquiry disclosed his name as Ranjeet Kumar.
The said seizure of illicit foreign liquor has led to filing of the
aforesaid FIR, bearing Nawada Excise P.S. Case No.544 of
2024.
3. The learned counsel for the petitioner has submitted
that the petitioner is a bona fide owner of the house in question
as also mutation of the land/house in question is existing in
favour of the petitioner. It is further submitted that the accused
Ranjeet Kumar is the son of the petitioner, who has already been
granted bail by the learned Trial Court, however the fact
remains that the respondents have not found any material during
the course of investigation to connect the petitioner with the
alleged occurrence. It is also submitted by the learned counsel
Patna High Court CWJC No.18314 of 2025 dt.05-02-2026
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for the petitioner at the Bar that the petitioner is having a clean
antecedent. The learned counsel for the petitioner has referred to
a judgment dated 4.10.2024 passed by a co-ordinate Bench of
this Court in the case of Jaya Singh vs. The State of Bihar &
Ors. (CWJC No.14031 of 2024), wherein it has been held that
for recovery of a meager quantity of illicit liquor from the
premises in question, it would be appropriate to levy a penalty
of Rs.10,000/- and it would be unjust and improper in case the
owner of the premises is subjected to various proceedings under
Rule 12-B of the Bihar Prohibition and Excise Rules, 2021 read
with Section 58, 92 and 93 of the Act, 2016. The learned
counsel for the petitioner has also referred to a judgment dated
14.08.2025 rendered by a co-ordinate Bench of this Court in the
case of Chhote Lal Manjhi vs. The State of Bihar & Ors.
(CWJC No.12846 of 2025), wherein it has been held that
considering the fact that small quantity of illicit liquor has been
recovered from a dwelling house, it would be appropriate to
levy a fine of Rs.10,000/- for the purposes of unsealing the
house in question.
4. Per contra, though the learned counsel for the
respondent-State has submitted that the petitioner has the
remedy of making an application for release of the premises in
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question under Rule 12-B of the Bihar Prohibition and Excise
(Amendment) Rules, 2022, however upon a query being put to
him by this Court as to whether there is any material to connect
the petitioner with the alleged occurrence, the answer is in the
negative.
5. Having regard to the facts and circumstances of the
case and considering the fact that the petitioner is not named in
the aforesaid FIR bearing Nawada Excise P.S. Case No.544 of
2024 as also no material has been brought in the counter
affidavit filed in the present case to show the involvement of the
petitioner in the alleged occurrence much less his connivance in
the alleged occurrence, apart from the fact that meager quantity
of 4.950 litres of illicit foreign liquor has been recovered from
the premises in question, we deem it fit and proper to direct the
respondent-authorities to collect a fine of Rs.10,000/- and de-
seal as also release the premises in question in favour of the
petitioner upon being satisfied with the ownership of the
petitioner qua the premises in question.
6. It is needless to state that the petitioner shall
deposit the aforesaid sum of Rs.10,000/- before the appropriate
authority within a period of two weeks from today, whereupon
the premises in question shall be de-sealed and released in
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favour of the petitioner, upon the concerned authority being
satisfied with the ownership of the petitioner, within a period of
one week, thereafter.
7. Accordingly, the present writ petition stands
disposed off.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2026
Transmission Date NA
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