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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

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
                                                      3/3




                    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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