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Patna High Court

Santosh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to avail other remedies and disposed of the writ petition as not pressed.

Summary

Santosh Kumar Singh filed a writ petition seeking the de‑sealing and release of a godown that had been sealed under a Patna Excise case invoking sections of the Bihar Prohibition and Excise Act, 2016. The petitioner admitted that he was not the owner of the premises and therefore could not claim ownership rights over the sealed property. He requested the court to grant him liberty to pursue any other legal remedies available under the Act and its Rules. The bench, after noting the admission, granted the requested liberty and disposed of the writ petition as not pressed. Consequently, the petition was dismissed without further orders on the de‑sealing.

Issues considered

  • Whether a writ petition for de‑sealing can be entertained when the petitioner is not the owner of the premises.
  • Whether the court can grant liberty to the petitioner to pursue other remedies under the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • writ petition
  • de‑sealing
  • excise
  • seizure
  • Bihar Prohibition and Excise Act
  • liberty to pursue remedies
  • ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.813 of 2026
                 ======================================================
                 Santosh Kumar Singh Son of Shambhu Sharan Singh, Resident of - P C
                 Colony, E - Sector, Post - Lohianagar, P.S. - Kankarbagh, District - Patna.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Excise,
                 Govt. of Bihar, Patna.
           2.    The District Magistrate, Patna.
           3.    The Superintendent of Police, Patna.
           4.    The Excise Office, Excise PS, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pritish Ranjan, Adv.
                 For the State          :      Mr. Mujtabaul Haque, GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   21-01-2026                   Though the present writ petition has been filed for de-

                   sealing and release of the godown in favour of the petitioner,

                   which has been sealed in connection with Patna Excise P.S.Case

                   No. 3339 of 2025 dated 17.11.2025, registered against the

                   petitioner and others under Section 30(a), 37, 32, 41, 56(b) and

                   62 of the Bihar Prohibition and Excise Act, 2016, however

                   realizing the fact that the petitioner is admittedly not the owner

                   of the premises in question, the learned counsel for the

                   petitioner seeks liberty on behalf of the petitioner to avail such

                   other remedies as are otherwise available under the law
         Patna High Court CWJC No.813 of 2026(2) dt.21-01-2026
                                                     2/2




                   including the Bihar Prohibition and Excise Act, 2016 as also the

                   Rules thereof. Liberty, so sought, is granted.

                   2.      Accordingly, the present writ petition stands disposed off

                   as not pressed.


                                          (Mohit Kumar Shah, J)


                                             ( Praveen Kumar, J)

Ajay/-

U


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