Patna High Court
Sachidanand Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted liberty to the petitioner to file the application for release of the sealed premises under Rule 12B, and ordered the competent authority to decide the application within the stipulated time.
Summary
The petitioner sought liberty to file an application for the release of premises that had been sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after the recovery of illicit liquor. The petitioner requested that the application be filed under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022. The High Court granted the liberty, directing that the application be filed within two weeks and that the competent authority decide on its merits within four weeks, issuing a reasoned order. The court emphasized that the authority must act in accordance with law. The writ petition was thereafter disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file an application for release of premises sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pursuant to Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- Bihar Prohibition and Excise Act
- Illicit liquor
- Sealed premises
- Rule 12B
- Civil writ jurisdiction
- Release of premises
- Excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19524 of 2025
======================================================
Sachidanand Kumar Singh Son of Gyanti Singh @ Janvi Prasad @ Janki
Singh, Resident of Village/Mohalla- New Area, Police Station- Nawada
Town, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Excise Department, Government
of Bihar, Patna.
2. The District Magistrate, Nawada.
3. The Superintendent of Police, Nawada.
4. The S.H.O. Excise Police Station, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 16-02-2026 At the outset, the learned counsel for the petitioner seeks
liberty on behalf of the petitioner/his father to file appropriate
application for release of the premises in question upon payment
of penalty under Section 12B of the Bihar Prohibition and
Excise (Amendment) Rules, 2022 (hereinafter referred to as the
‘Rules, 2022) for release of the premises in question, which has
been sealed on account of registration of Nawada Excise P.S.
Case No. 603 of 2024 dated 31.08.2024 under Section 30(a) of
the Bihar Prohibition and Excise Act, 2016 against the petitioner
Patna High Court CWJC No.19524 of 2025(3) dt.16-02-2026
2/2
and two others on account of recovery of 15.75 litres of illicit
liquor from the premises in question. Liberty, so sought, is
granted.
2. It is needless to state that in case appropriate application
is filed under Rule 12B of the Rules, 2022, by the petitioner/his
father (whoever may be the legal owner of the premises in
question) within a period of two weeks from today, the
competent authority shall consider the same on merits and pass
a reasoned and a speaking order, in accordance with law, within
a period of four weeks thereafter.
3. The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
(Sunil Dutta Mishra, J)
S.Sb/-
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