Subhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3929 of 2026 ====================================================== Subhash Kumar Singh Son of Ayodhya Prasad Singh, Resident of 401/C Vamika Encalve, Murlichal, Jagdeopath, P.S.- Rupaspur, District- Patna, Currently Residing at E/02, B.H Gold Apartment, Samegadia, Manchswar, Bhubneshwar- 751010.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Excise and Prohibition Department, Government of Bihar, Patna having its office at 176D, 1st floor, Vikashbhawan, Bailey Road, Patna, Bihar- 800015. 2.

The Excise Commissioner, Bihar Excise, Patna. 3.

The Assistant Excise Commissioner, Bihar Excise, Patna. 4.

The Divisional Commissioner, Patna Division, Patna. 5.

The District Magistrate-cum-Collector, Patna. 6.

The Superintendent of Excise, Madh Nishedh Bihar, Patna. 7.

The S.H.O. of Excise, P.S. Patna.

8.

The Investigating Officer, Excise and Prohibition Case NO. 1024/2025, Namely Shamshaadh Hussain, A.S.I. Excise and Prohibition, P.S. Patna, District Patna.

9.

Shri Bablu Kumar Son of Lalmohan Singh, Resident of Gaighat, Pironcha Kanta, Pirocha, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kush, Advocate For the Respondent/s :

Mrs. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 30-03-2026 The present writ petition has been filed for releasing the godown of the petitioner in question which has been seized in connection with Patna (Excise) P.S. Case No. 1024 of 2025 dated 21.06.2025, registered under Sections 30(a), 32(i)(iii), 36,

Patna High Court CWJC No.3929 of 2026(2) dt.30-03-2026 2/3 41(i)(ii), 56(b) and 62 of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022 on account of recovery of 1107.360 litres of illicit foreign liquor from the godown in question.

2.

At the outset, the Ld. Counsel for the petitioner submits that the petitioner has filed an application under Rule 12B of the Bihar Prohibition and Excise Amendment Rules, 2022, for release of the godown in question upon payment of penalty, which has been registered as Excise Case No. 3512 of 2025 and is pending before the Ld. Collector-cum-District Magistrate, Patna, however the same is yet to be disposed of, hence appropriate direction be issued for disposal of the same. 3.

The Ld. Counsel for the respondent-State submits that in case the said case of the petitioner for release of the godown in question is pending consideration, the same would definitely be disposed of expeditiously.

4.

Having regard to the facts and circumstances of the case, we deem it fit and proper to direct the Ld. Court of Collectorcum-District Magistrate, Patna to dispose of the aforesaid pending application of the petitioner for release of godown, by passing a reasoned and a speaking order, in accordance with law, within a period of two weeks from today.

Patna High Court CWJC No.3929 of 2026(2) dt.30-03-2026 3/3 5.

The writ petition stands disposed of on the aforesaid terms.

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