Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed because the petitioner has an alternative statutory remedy under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021.
Summary
Santosh Kumar filed a writ petition seeking the release of premises from which 4.320 litres of foreign liquor were seized. The Court observed that the petitioner possesses an alternative statutory remedy under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021, which is equally effective. Consequently, the writ petition was not entertained. The petitioner was directed to file an application under the said rule within 30 days, after which the competent authority would decide the matter within a month. The Court also allowed the petitioner to submit relevant submissions and judicial pronouncements. The writ application was therefore disposed of.
Issues considered
- Whether the High Court can entertain a writ petition for the release of premises seized under excise law.
- Whether the existence of an alternative statutory remedy under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 bars the writ jurisdiction.
Legislation cited
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12(B)
Subjects
- writ jurisdiction
- seizure of liquor
- excise law
- alternative statutory remedy
- Rule 12(B)
- release of premises
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3484 of 2026
======================================================
Santosh Kumar S/o Late Laxmi Prasad, R/o Belbarganj, P.S.- Alamganj, Dist-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Represented through the Chief Secretary Govt. of Bihar,
Old Secretariat Building, Bailey Road, Patna.
2. Principal Secretary, Department of excise, Govt. of Bihar Old Secretariat
Building Bailey Road, Patna.
3. D.M. Patna.
4. Md. Afasar Ali, S.I. Excise P.S., Patna.
5. Officer In-charge Excise P.S., Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tilak Sao, Advocate
For the Respondent/s : Mr. Prashant Pratap, GP-2
Mr. Shadwal Harsh, AC to GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 18-06-2026 It seems that the petitioner has directly moved this
Court for release of the premises in question from where 4.320
liters of foreign made liquors have been recovered.
2. Since the petitioner has got an alternative statutory
remedy which is equally efficacious, we refuse to entertain this
writ application. Liberty is there to the petitioner to make an
appropriate application in terms of Rule 12(B) of the Bihar
Prohibition and Excise Rules, 2021 (As Amended Uptodate)
within a period of 30 days from today. If any such application is
Patna High Court CWJC No.3484 of 2026(3) dt.18-06-2026
2/2
filed, the same will be considered by the competent authority
i.e. the Collector or the officer authorized by him and an
appropriate order thereon shall be passed within one month
from the date of filing of the application.
3. The petitioner would be at liberty to place all such
submissions and judicial pronouncements on the subject which
may be advised to him.
4. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
arvind/-
U
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