Patna High Court

Shyam Sundar DeviversusThe 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 within two weeks and directed the Collector to dispose of it within four weeks, and disposed of the writ petition.

Summary

The petitioner, a widow, filed a writ petition seeking de‑sealing of her premises in Sitamarhi that had been sealed after the recovery of 162.96 litres of illicit foreign liquor. The seizure was made under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, but no confiscation proceedings had been initiated. The petitioner prayed for liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector for release of the premises upon payment of the prescribed penalty. The State had no objection to this request. The Court held that the petitioner may file the Rule 12B petition within two weeks and directed the Collector to decide it by a reasoned order within four weeks, thereby disposing of the writ petition.

Issues considered

Whether the court can grant liberty to the petitioner to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of sealed premises
Whether the court may prescribe specific time‑limits for filing and disposal of such a petition

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)

Subjects

de‑sealing
illicit liquor
seizure
Bihar Prohibition and Excise Act
Rule 12B
writ petition
collector
penalty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.19088 of 2025
                 ======================================================
                 Shyam Sundar Devi Wife of Late Ratneshwar Mehta, Resident of Village-
                 Rewasi Ward No. 05, P.S. - Riga, District -Sitamarhi.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the District Magistrate, Sitamarhi.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The Additional Chief Secretary, Bihar, Patna.
           4.    The Superintendent of Police, Sitamarhi.
           5.    The Sub Inspector Excise, Sitamarhi.
           6.    The A.S.I. cum SHO of Excise Police Station, District-Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Birendra Kumar, Adv.
                 For the Respondent/s   :       Mr.Standing Counsel (07)
                 ======================================================
                 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 de-sealing

                   the premises of the petitioner, situated at Mauza Rewasi, P.S.-

                   Riga, District-Sitamarhi bearing Khata No. 736, Survey No.

                   1128, admeasuring 4 decimal, which has been seized on account

                   of recovery of 162.96 liters of illicit foreign liquor, leading to

                   lodging of Prohibition P.S. Sitamarhi Case No. 604 of 2025

                   dated 16.8.2025 under Section 30(a) and Section 32(3) of the

                   Bihar Prohibition and Excise Act, 2016 against the son of the
Patna High Court CWJC No.19088 of 2025(2) dt.12-01-2026
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          petitioner and others.

          2.      The learned counsel for the petitioner has, at the outset,

          submitted that the confiscation proceedings have not yet been

          initiated, however the petitioner be granted liberty to file

          appropriate petition under Rule 12B of the Bihar Prohibition

          and Excise (Amendment) Rules, 2022 (hereinafter referred to as

          “the Rules, 2022”) before the learned Collector, Sitamarhi for

          release of the premises in question upon payment of penalty,

          nonetheless a time frame be fixed for the purposes of disposal of

          such petition.

          3.      The learned counsel for the Respondent-State has got no

          objection to the aforesaid submission advanced by the learned

          counsel for the petitioner.

          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 for release of the premises in question under

          Rule 12B of the Rules, 2022 and in case such a petition is filed

          within a period of two weeks from today, the learned Collector,

          Sitamarhi shall dispose off the same, by passing 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.19088 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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