Patna High Court
Mukul PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court directed the petitioner to file an application under the Bihar Prohibition and Excise Rules, 2021 for unsealing of the premises, and the concerned authority must decide the application within the stipulated time.
Summary
Mukul Prasad, the owner of a shop leased to Deepak Kumar, filed a writ petition seeking the release of the premises that had been seized by Excise authorities under the Bihar Prohibition and Excise Act in connection with a case against the tenant. The petitioner argued that he was not an accused and had no knowledge of the alleged illegal liquor possession. The High Court observed that the seizure pertained to the tenant’s alleged offence and that the petitioner’s rights could be protected by filing an application under the Bihar Prohibition and Excise Rules, 2021. The Court directed the petitioner to submit such an application within 30 days to the District Magistrate‑cum‑Collector or the Confiscating Authority, which must decide the matter within two weeks. Accordingly, the writ petition was disposed without an order of immediate release, but with procedural directions to secure the petitioner’s relief.
Issues considered
- Whether the seizure of the shop premises, owned by the petitioner but leased to the accused, is lawful under the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to a writ of mandamus directing immediate release of the seized premises.
- Whether the authorities acted mala fide, arbitrarily, or beyond their jurisdiction in seizing the property.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 45
Subjects
- seizure
- excise
- prohibition
- writ of mandamus
- property rights
- landlord
- illegal seizure
- procedural direction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5006 of 2026
======================================================
Mukul Prasad Son of Late Shyama Nand Prasad, Resident of Flat No.- 303,
Sri Ram Enclave, R.N Singh Path, Vastu Vihar, Jamsout, Akluchak, Danapur,
District - Patna, Bihar-801503.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Excise and Prohibition
Department, Government of Bihar, Patna having his office 176D, 1st floor,
Vikash Bhawan, Bailey Road, Patna, Bihar - 800015.
2. The Excise Commissioner, Bihar Excise, Patna.
3. The Divisional Commissioner, Magadh Division, Patna.
4. The District Magistrate-cum-Collector, Patna.
5. The Superintendent of Excise, Madh Nishedh Bihar, Patna.
6. The S.H.O. of Excise, P.S. Patna.
7. The Investigating Officer, Excise and Prohibition Case no. 4393/2025 dated
25.12.2025, namely Md. Afashar Ali, S.I. Excise and Prohibition, P.S. Patna,
District - Patna.
8. Deepak Kumar S/o- Dashrath Sah, Resident of Dwarika Nath Lane-3,
Salimpur, Aahra, Colony No. 3, District-Patna, Bihar-80003
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Basant Kumar Singh, Advocate
Mr. Vishesh Kumar Singh, Advocate
For the State : Mr. Subhash Prasad Singh, GA-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 24-04-2026 Heard learned counsel for the petitioner and learned
GA-3 for the State of Bihar.
2. This writ application has been filed seeking the
following reliefs:-
“(i) For issuance of writ/writs, order/orders,
direction/directions in the nature of Mandamus
seeking directions the respondents S.I. Madh
Patna High Court CWJC No.5006 of 2026(2) dt.24-04-2026
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Nishedh Excise, P.S., Patna, so that to
immediately release the seized shop, which
was earlier given on rent to respondent no. 8,
on rent each month Rs. 12000/- total area 250
sq. feet shop of the petitioner, which was
earlier on rent utilized by the respondent no. 8,
namely, Deepak Kumar but the same room
was seized by the S.H.O. of Excise P.S., Patna
in connection with Excise Patna P.S. Case-
4393/2025 dated 25.12.2025 registered under
Sections 30(A), 32, 41, 56(B) and 62 of Bihar
Prohibition and Excise Act, 2016 and
(Amendment) Act, 2022, which was illegally
seized by the police.
(ii) For further prayed for directing the
respondent to immediately release the shop,
which was earlier seized by the police in
Excise Case, but the petitioner is being the
shop owner of the said premises, which was
used by the respondent no. 8 after agreement
on rent.
(iii) For further directing the respondent not to
freeze/seize the shop of the petitioner which is
subject matter of Excise Case which was
seized by the S.H.O. of Excise P.S., Patna but
that property which was utilised by the tenant
that is respondent no. 8, so far, the petitioner
was given the said property the shop on a rent
on the basis of an agreement dated 03.04.2024
and in view of the under Section 45 of the Cr.
P. C., the said shop order for custody and
disposal property pending trial in certain cases
be released in favour of the petitioner, because
the petitioner has got no knowledge about the
said shop, which was used by the tenant
Patna High Court CWJC No.5006 of 2026(2) dt.24-04-2026
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respondent no. 8 and doing some illegal
business having without knowledge of the
petitioner.
(iv) For declaring that the action by the
respondent authorities is against the mandatory
principles and settled jurisprudence in addition
to being in violation of the constitutional rights
granted to the writ petitioner and not being
permitted by the law of the land.
(v) For declaring and holding that the actions
of the respondent authorities are mala fide,
arbitrary, without jurisdiction as well as abuse
of power and authority.
(vi) To any other relief or reliefs for which the
petitioner is found to be entitled in the facts
and circumstances of this case.”
3. Learned counsel for the petitioner submits that the
liquors have been seized from the shop premises which has been
rented out to Respondent No. 8. He is not an accused in the
police case. It is the Respondent No. 8 alone who is being
prosecuted for the possession of the liquors.
4. The petitioner is not aware whether any
confiscation proceeding has been initiated or not.
5. In the given facts and circumstances of the case, we
grant liberty to the petitioner to file an appropriate application in
terms of Bihar Prohibition and Excise Rules, 2021 (as amended
up to date) for unsealing of the premises, before the District
Magistrate-cum-Collector, Patna or the Confiscating Authority,
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if any, acting by virtue of the power conferred upon him under
the law, giving complete facts and circumstances.
6. If any such application is filed within a period of 30
days from today, the District Magistrate-cum-Collector, Patna or
the Confiscating Authority, as the case may be, shall consider
the same and pass a reasoned order thereon within a period of
two weeks from the date of filing of the application.
7. It is made clear that the concerned respondent or
the Confiscating Authority while considering the application
shall definitely look into the case of the petitioner that the shop
in question was provided on rent to Respondent No. 8 and that
he is not an accused in this case. If the statement of the
petitioner is found to be correct, he shall not be burdened with
any penalty as a condition precedent for release of the shop.
8. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
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