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Patna High Court

Upendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not order de‑sealing but granted liberty to the petitioner to seek release under Rule 12B, directing the authority to decide the application within prescribed time limits.

Summary

Petitioner Upendra Prasad sought a writ directing the State of Bihar and its officials to de‑seal his house, which had been sealed under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after the recovery of illicit foreign liquor and beer. The petitioner requested liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises on payment of a penalty. The Court granted this liberty, directing that any such application be decided by the competent authority within two weeks of filing, and that a reasoned order be issued within two weeks thereafter. No substantive order to de‑seal the premises was made; the writ petition was disposed. The decision rests on the procedural provisions of the 2022 Rules rather than a direct adjudication of the seizure.

Issues considered

  • Whether the High Court can direct the de‑sealing of premises seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner is entitled to liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the sealed premises.

Legislation cited

Subjects

  • seizure
  • illicit liquor
  • excise law
  • de‑sealing
  • Rule 12B
  • penalty
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3135 of 2026
                 ======================================================
                 Upendra Prasad (Male), Son of Late Kamla Prasad Singh, Resident of
                 Village- Bambhai, P.S.- Mehandiya, District- Arwal.

                                                                                ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Excise, Government of Bihar, Patna.
           2.    The Collector, Arwal.
           3.    The Inspector Excise-Cum-Officer in-charge Excise Police Station Arwal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Shivendra Prasad, Advocate
                 For the Respondent/s    :     Additional Advocate General 7
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   16-03-2026                 The short prayer made by the petitioner in the present

                   writ petition is to direct the respondent authorities to de-seal the

                   room of the house of the petitioner which has been sealed in

                   connection with Arwal Excise P.S. Case No. 363 of 2025 dated

                   14.11.2025, registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016 (hereinafter referred to as the

                   ‘Act, 2016’) on account of recovery of 27 liters of illicit foreign

                   liquor and 1.5 liters of beer from the premises in question.

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

                   seeks liberty on behalf of the petitioner to file appropriate
          Patna High Court CWJC No.3135 of 2026(2) dt.16-03-2026
                                                      2/2




                    application under Rule 12 B of the Bihar Prohibition and Excise

                    (Amendment) Rules, 2022 (hereinafter referred to as the ‘Rules,

                    2022’) for the purposes of release of the premises on payment of

                    penalty. Liberty, so sought, is granted.

                                3. It is needless to state that in case appropriate

                    application is filed by the petitioner under Rule 12 B of the

                    Rules, 2022, 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 two weeks, thereafter.

                                4. Accordingly, the present writ petition stands

                    disposed of.



                                             (Mohit Kumar Shah, J)


                                              (Arun Kumar Jha, J)
GAURAV S./-
U


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