Upendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3135 of 2026 ====================================================== Upendra Prasad (Male), Son of Late Kamla Prasad Singh, Resident of Village- Bambhai, P.S.- Mehandiya, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Excise, Government of Bihar, Patna.

2.

The Collector, Arwal.

3.

The Inspector Excise-Cum-Officer in-charge Excise Police Station Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Respondent/s :

Additional Advocate General 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 16-03-2026 The short prayer made by the petitioner in the present writ petition is to direct the respondent authorities to de-seal the room of the house of the petitioner which has been sealed in connection with Arwal Excise P.S. Case No. 363 of 2025 dated 14.11.2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act, 2016') on account of recovery of 27 liters of illicit foreign liquor and 1.5 liters of beer from the premises in question.

2. The learned counsel for the petitioner, at the outset, seeks liberty on behalf of the petitioner to file appropriate

Patna High Court CWJC No.3135 of 2026(2) dt.16-03-2026 2/2 application under Rule 12 B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (hereinafter referred to as the 'Rules, 2022') for the purposes of release of the premises on payment of penalty. Liberty, so sought, is granted.

3. It is needless to state that in case appropriate application is filed by the petitioner under Rule 12 B of the Rules, 2022, within a period of two weeks from today, the competent authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of two weeks, thereafter.

4. Accordingly, the present writ petition stands disposed of.

(Mohit Kumar Shah, J) (Arun Kumar Jha, J) GAURAV S./- U