Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the sealed flat upon payment of penalty, and accordingly disposed of the writ petition.
Summary
The petitioner, Manju Devi, sought de‑sealing and release of a ground‑floor flat that had been sealed under the Bihar Prohibition and Excise Act, 2016 after police recovered 568.44 litres of illicit liquor from the premises, which was being rented to Munna Kumar. The petitioner argued she had no complicity and requested liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release upon payment of a penalty. The State had no objection and agreed that such a petition, if filed, would be decided within a fixed time‑frame. The Court held it appropriate to grant the petitioner liberty to file the Rule 12B petition within four weeks and directed the competent authority to decide it on merits within six weeks, without limitation issues. Consequently, the writ petition was disposed of on those terms.
Issues considered
- Whether the owner of a premises sealed under the Bihar Prohibition and Excise Act, 2016, who is not alleged to be complicit, is entitled to liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises upon payment of penalty.
- Whether the Court can direct the competent authority to entertain such a petition without being impeded by limitation.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
Subjects
- writ petition
- de‑sealing
- illicit liquor
- excise law
- penalty
- Rule 12B
- property rights
- seizure
- release of premises
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.999 of 2026
======================================================
Manju Devi Wife of Suresh Kumar Gupta @ Suresh Gupta Resident of Devi
Sthan Lane (West), Chiraiyantand, P.S.- Jakkanpur, District- Patna.
... ... Petitioner
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 Superintendent, Patna.
5. The Officer -In- Charge of Gopalpur Police Station, Patna.
6. Munna Kumar, Son of Ram Prasad Resident of Near Central Bank, Kumhar
Toli, Kankarbagh, Lohianagar, P.S.- Kankarbagh, District- Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the State : Mr. Prabhat Kumar, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 28-01-2026 The present writ petition has been filed by the
petitioner for de-sealing and release of the ground floor flat
constructed at Thana No. 105, Khata No. 31, Khesra Survey
Plot No. 240, Mauza-Pipra, Mohalla Dev Nagar, Road No. 4,
Shahpur, P.S. Gopalpur, District Patna, which has been sealed in
connection with Gopalpur P.S. Case No. 214 of 2025 dated
22.05.2025, registered under Sections 30 (a) and 41 of the Bihar
Prohibition and Excise Act, 2016 against one Munna Kumar on
account of recovery of 568.440 litres of illicit liquor from the
Patna High Court CWJC No.999 of 2026(2) dt.28-01-2026
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flat in question.
2. The learned counsel for the petitioner submits that
the petitioner had given the flat in question on rent to one
Munna Kumar by a rent agreement dated 29.10.2024 and while
the period of rent agreement was subsisting, it appears that the
police had conducted a raid at the said flat and recovered
568.440 litres of illicit liquor. Hence, it is submitted that the
petitioner is not having any complicity in the alleged
occurrence. Nonetheless, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to file appropriate
petition under Rule 12B of the Bihar Prohibition and Excise
(Amendment) Rules, 2022 (hereinafter referred to as “the Rules,
2022”) for the purposes of release of the premises in question
upon payment of penalty.
3. The learned counsel for the respondent-State has
got no objection and submits that in case the petitioner files
appropriate petition under Rule 12B of the Rules, 2022 for
release of the premises in question upon payment of penalty, the
same would definitely be decided within a stipulated time frame
as is fixed by this Court.
4. Having regard to the facts and circumstances of the
case, we deem it fit and proper to grant liberty to the petitioner
Patna High Court CWJC No.999 of 2026(2) dt.28-01-2026
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to file appropriate petition under Rule 12B of the Rules, 2022
and in case such a petition is filed before the competent
authority within a period of four weeks from today, the
competent authority shall examine the same on merits without
being impeded by the issue of limitation and pass a reasoned
and a speaking order within a period of six weeks, thereafter.
5. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
amitkumar/-
shahzad
U
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