Bechu YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.344 of 2026
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                 Bechu Yadav Son of Chhangur Yadav, Resident of Village-Goi Ward No-01,
                 Chand, P.S.-Chand, District-Kaimur at Bhabua.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Secretary of the Excise Department, Bihar at
                 Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Kaimur at Bhabua.
           4.    The Superintendent of Police, Kaimur at Bhabua.
           5.    The Superintendent of Excise, Kaimur at Bhabua.
           6.    The Investigating Officer of Police Station Chand, District-Kaimur at
                 Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Dharmendra Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. Prabhakar Jha, GP-27
                                              Mr. Umesh Narayan Dubey, AC to GP-27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

6   12-05-2026                 Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. Petitioner in this case is aggrieved by and

                   dissatisfied with the order dated 28.01.2025 passed in

                   Excise Appeal Case No.114 of 2024 by which the

                   Commissioner, Excise has, though, interfered with the order

                   of confiscation dated 23.08.2024 passed by the Collector-

                   cum-District Magistrate, Kaimur (Bhabhua) but while
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          setting aside the order of confiscation, the appellate

          authority has remanded the matter to the confiscating

          authority with a direction to pass a fresh order. It is

          submitted that from the order of the appellate authority, it

          would appear that he has recorded his opinion that only that

          part of the house would be liable to be confiscated in which

          the liquor was stored. Learned counsel submits that the

          opinion formed by the appellate authority in the impugned

          order is in the teeth of the Rule 13B of the Bihar Prohibition

          and Excise Rules, 2021 (as amended uptodate) (hereinafter

          referred to as the ‘Act of 2021').

                      3. It is submitted that under Rule 13B, the

          Collector has to first decide as to whether or not the

          premises may be released on payment of penalty? It is only

          when the Collector decides either that the premises cannot

          be released on payment of penalty or when the owner does

          not pay the required penalty, confiscation proceeding shall

          be initiated.

                      4. Thus, very initiation of the confiscation

          proceeding would be dependent upon an opinion of the

          Collector as to whether the premises may be released on
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          payment of penalty or not.

                      5. Learned counsel for the State does not contest

          the aforesaid submission advanced on the strength of Rule

          13B of the Rules of 2021. It is however submitted that the

          petitioner may bring this provision to the notice of the

          Collector who may consider the same and pass an

          appropriate order.

                      6. Having heard learned counsel for the petitioner

          and the State as also on going through the provisions

          contained in Rule 13B of the Rules of 2021, we have no

          iota of doubt that Rule 13B is required to be followed in its

          terms and spirit. The confiscation of a house or even part

          thereof has a huge civil consequence, therefore, the

          legislatures in their wisdom have provided for a provision

          to impose penalty and only when the owner of the premises

          is not ready to pay the penalty then a confiscation

          proceeding may be initiated. In this case, no such procedure

          has been followed. Moreover, we find that the quantity of

          liquor is said to be only six liters.

                      7. Keeping in view the petty quantity of liquor and

          the fact that the petitioner has already suffered for more
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                     than three years in fighting the confiscation proceeding, we

                     are of the opinion that the impugned order be set aside and

                     the confiscation proceeding be dropped. Accordingly, we set

                     aside the impugned order and direct the Collector, Kaimur

                     at Bhabhua to release the seized premises forthwith. The

                     Confiscation Case No. 18 of 2023 is, accordingly,

                     discharged.

                                 8. This writ application is allowed.



                                          (Rajeev Ranjan Prasad, J)


                                               ( Soni Shrivastava, J)
arvind/-

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