Patna High Court
Rajendra Paswan @ Rajendra Kamal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a petition under Rule 12B for release of the sealed premises and disposed the writ petition on that basis.
Summary
The petitioner, Rajendra Paswan, filed a writ petition seeking de‑sealing of a room that had been seized and sealed by Excise officials after the recovery of 18.75 litres of illicit foreign liquor from his grandson, Harsh Kumar. The seizure was made under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he had no involvement in the liquor possession and that the seized premises should be released on payment of a penalty under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022. The Court examined the facts and found it appropriate to grant the petitioner liberty to file the appropriate petition under Rule 12B within two weeks, and directed the competent authority to decide the matter within four weeks. Accordingly, the writ petition was disposed on these terms.
Issues considered
- Whether the petitioner is liable for the seizure of illicit liquor found in premises owned by his grandson.
- 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 the sealed premises on payment of penalty.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 56(b)
Subjects
- de‑sealing
- excise seizure
- illicit foreign liquor
- Bihar Prohibition and Excise Act
- Rule 12B
- penalty
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19374 of 2025
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Rajendra Paswan @ Rajendra Kamal Paswan (male), Son of Nathu Paswan
Resident of Village- Bankipur Gorakh, Police Station- Fatwa, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Prohibition, Excise and Registration Department,
Government of Bihar, Patna.
3. The District Magistrate- cum- Collector, Patna, District- Patna.
4. The Excise Superintendent, Patna, District- Patna.
5. The Station Head Officer, Excise Patna Police Station, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Smt. Divya Bharti, Advocate
For the Respondent/s : Addl. Advocate General 13
======================================================
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 premises/room of the petitioner as also to release the same in
favour of the petitioner which has been seized and sealed by the
Excise Officials on account of recovery of 18.75 liters of illicit
foreign liquor in connection with Prohibition Patna P.S. Case
No. 613 of 2025 dated 27.04.2025, registered under Sections
30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016
Patna High Court CWJC No.19374 of 2025(2) dt.19-01-2026
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against one Harsh Kumar.
2. The learned counsel for the petitioner submits that
the recovery of illicit foreign liquor has been made from the
possession of one Harsh Kumar, who is the grandson of the
petitioner and has got no share in the house in question and he
had allegedly kept liquor in a bag beneath the bed kept in the
said room, hence it is not the petitioner who is having any
complicity in the alleged recovery of the illicit foreign 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/room 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
weeks, thereafter.
5. Accordingly, present writ petition stands disposed
Patna High Court CWJC No.19374 of 2025(2) dt.19-01-2026
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of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
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