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Patna High Court

Sabita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 and ordered the Collector to decide it within a stipulated period.

Summary

The petitioner, Sabita Devi, sought a writ directing the State authorities to de‑seal and release her house that had been seized after 138.48 litres of illicit liquor were recovered from the premises. The seizure was made under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 in a case registered against a tenant, Ashok Kumar Nishad. The petitioner’s counsel requested liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector, noting that confiscation proceedings had not yet begun. The State had no objection, stating that any such application would be decided within a fixed time if no prior application had been rejected. The Court held that it was appropriate to grant the petitioner liberty to file the Rule 12B application and directed the Collector to pass a reasoned order within four weeks of filing. Consequently, the writ petition was disposed of on those terms.

Issues considered

  • Whether the petitioner is entitled to liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector when confiscation proceedings are pending.
  • Whether the court can direct the de‑sealing and release of a house seized under the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • seizure
  • illicit liquor
  • excise law
  • writ petition
  • property release
  • Rule 12B
  • Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19493 of 2025
                 ======================================================
                 Sabita Devi W/o of Devanand Ram, Resident of Village- Gorihari, P.S. Turki,
                 District- Muzaffarpur. At present address C/o Devanand Ram, Q/No. A/59
                 HEc, Colony Dhurwa, Ranchi Jharkhand.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    That Divisional Commissioner, Excise Department Patna Division, Patna.
           3.    The District Collector, Muzaffarpur.
           4.    The Superintendent of Police, Muzaffarpur.
           5.    The Station House Officer, Excise Police Station Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Hemant Kumar, Advocate
                 For the Respondent/s   :      Mr.Standing Counsel (4), APP
                 ======================================================
                 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 petition has been filed to direct the

                   respondent authorities to de-seal and release the seized house of

                   the petitioner situated at Mohalla- Satpur Milhi Tola, P.S.-

                   Kazimohammadour, District- Muzaffarpur, appertaining to

                   Khata No. 676, Khesra No. 1223, admeasuring 2.13 decimal,

                   which has been seized on account of recovery of 138.480 liters

                   of illicit liquor from the said house in question leading to

                   registration of Muzaffarpur Excise P.S. Case No. 399 of 2025

                   dated 30.03.2025 under Section 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act, 2016 against one Ashok Kumar
Patna High Court CWJC No.19493 of 2025(2) dt.12-01-2026
                                           2/3




          Nishad, a tenant of the petitioner.

                      2. The learned counsel for the petitioner submits that

          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, Muzaffarpur, in as much as, at the time of

          filing of the present writ petition, the confiscation proceedings

          have not been initiated.

                      3. The learned counsel for the respondent-State has

          got no objection to the aforesaid submission made by the

          learned counsel for the petitioner, however it is submitted that in

          case, the petitioner files appropriate application under Rule 12B

          of the Rules, 2022, the same would definitely be decided within

          a stipulated time frame as is fixed by this Court, provided no

          such earlier application has been rejected, pertaining to the

          house in question.

                      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 application under Rule 12B of the Rules,

          2022 and in case such an application is filed within a period of

          two weeks from today, the same shall be decided by the learned

          Collector, Muzaffarpur by passing a speaking and a reasoned
           Patna High Court CWJC No.19493 of 2025(2) dt.12-01-2026
                                                      3/3




                     order in accordance with law within a period of four weeks,

                     thereafter.

                                   5. Accordingly, the present petition stands disposed

                     off on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-

U      T


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