Patna High Court
Subhash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The High Court directed the Collector‑cum‑District Magistrate to dispose of the pending application for release of the godown within two weeks, thereby disposing of the writ petition.
Summary
The petitioner, Subhash Kumar Singh, filed a writ petition seeking the release of his godown that had been seized by the Excise Department in connection with the recovery of 1,107.360 litres of illicit foreign liquor. The seizure was made under Sections 30(a), 32(i)(iii), 36, 41(i)(ii), 56(b) and 62 of the Bihar Prohibition and Excise Act, 2016 and its 2022 amendment. The petitioner had also filed an application under Rule 12B of the Bihar Prohibition and Excise Amendment Rules, 2022 for release of the godown upon payment of a penalty, which remains pending before the Collector‑cum‑District Magistrate, Patna. The State argued that the pending application would be disposed of expeditiously. The Court, after considering the facts, directed the Collector‑cum‑District Magistrate to pass a reasoned order disposing of the pending application within two weeks, and accordingly dismissed the writ petition.
Issues considered
- Whether the High Court should direct the Collector‑cum‑District Magistrate to dispose of the pending application for release of the seized godown under Rule 12B.
- Whether the seizure of the godown under the cited sections of the Bihar Prohibition and Excise Act is justified pending the pending application.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(i)(iii), 36, 41(i)(ii), 56(b), 62
Subjects
- seizure
- excise
- illicit liquor
- writ petition
- release of property
- administrative law
- penalty
- Rule 12B
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3929 of 2026
======================================================
Subhash Kumar Singh Son of Ayodhya Prasad Singh, Resident of 401/C
Vamika Encalve, Murlichal, Jagdeopath, P.S.- Rupaspur, District- Patna,
Currently Residing at E/02, B.H Gold Apartment, Samegadia, Manchswar,
Bhubneshwar- 751010.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Excise and Prohibition
Department, Government of Bihar, Patna having its office at 176D, 1st floor,
Vikashbhawan, Bailey Road, Patna, Bihar- 800015.
2. The Excise Commissioner, Bihar Excise, Patna.
3. The Assistant Excise Commissioner, Bihar Excise, Patna.
4. The Divisional Commissioner, Patna Division, Patna.
5. The District Magistrate-cum-Collector, Patna.
6. The Superintendent of Excise, Madh Nishedh Bihar, Patna.
7. The S.H.O. of Excise, P.S. Patna.
8. The Investigating Officer, Excise and Prohibition Case NO. 1024/2025,
Namely Shamshaadh Hussain, A.S.I. Excise and Prohibition, P.S. Patna,
District Patna.
9. Shri Bablu Kumar Son of Lalmohan Singh, Resident of Gaighat, Pironcha
Kanta, Pirocha, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kush, Advocate
For the Respondent/s : Mrs. Divya Verma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 30-03-2026 The present writ petition has been filed for releasing the
godown of the petitioner in question which has been seized in
connection with Patna (Excise) P.S. Case No. 1024 of 2025
dated 21.06.2025, registered under Sections 30(a), 32(i)(iii), 36,
Patna High Court CWJC No.3929 of 2026(2) dt.30-03-2026
2/3
41(i)(ii), 56(b) and 62 of the Bihar Prohibition and Excise Act,
2016 and Amendment Act, 2022 on account of recovery of
1107.360 litres of illicit foreign liquor from the godown in
question.
2. At the outset, the Ld. Counsel for the petitioner submits
that the petitioner has filed an application under Rule 12B of the
Bihar Prohibition and Excise Amendment Rules, 2022, for
release of the godown in question upon payment of penalty,
which has been registered as Excise Case No. 3512 of 2025 and
is pending before the Ld. Collector-cum-District Magistrate,
Patna, however the same is yet to be disposed of, hence
appropriate direction be issued for disposal of the same.
3. The Ld. Counsel for the respondent-State submits that in
case the said case of the petitioner for release of the godown in
question is pending consideration, the same would definitely be
disposed of expeditiously.
4. Having regard to the facts and circumstances of the case,
we deem it fit and proper to direct the Ld. Court of Collector-
cum-District Magistrate, Patna to dispose of the aforesaid
pending application of the petitioner for release of godown, by
passing a reasoned and a speaking order, in accordance with
law, within a period of two weeks from today.
Patna High Court CWJC No.3929 of 2026(2) dt.30-03-2026
3/3
5. The writ petition stands disposed of on the aforesaid
terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
S.Sb/-
U
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