Arjun Chaudhary v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7901 of 2026 ====================================================== Arjun Chaudhary Son of late Yamraj Chaudhary, Resident of Village - Godna More near Jumma Masjid, Police Station - Revelganj, District- Saran (Chapra).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate cum Collector, Saran at Chapra. 4.

The Superintendent of Police, Excise, Saran at Chapra. 5.

The Additional District Magistrate, Saran at Chapra. 6.

The S.H.O. Revelganj Police Station, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Respondent/s :

Mr.Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 15-07-2026

1. Heard Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present writ application has been filed for unsealing/releasing the residential building of the petitioner, which was sealed in connection with Rivilganj Police Station Case No. 67 of 2023, dated 18.03.2023, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned Counsel for the petitioner submits that the

Patna High Court CWJC No.7901 of 2026(2) dt.15-07-2026 2/3 petitioner is the lawful owner of the residential house in question, situated at mouza Godna, Thana No. 216, Khata No. 913, Plot No. 2376. During raid of the house in question, 30 litres of illicit liquor was recovered.

4. On the other hand, learned Counsel for the State argued that the petitioner has the remedy under Section 12B of the Bihar Prohibition and Excise Rules, 2021 and he may avail that remedy by filing an application before the Confiscating Authority, Saran, at Chapra, and the confiscation proceeding has been initiated against the petitioner, bearing Excise Confiscation Case No. 208 of 2025. A notice has been issued to the petitioner in the aforesaid confiscation proceeding on 10.05.2025.

5. Having heard learned Counsel for the parties concerned and taking into consideration the nature of prayer made in the writ application, we dispose the present writ application with liberty to the petitioner to file an application before the Confiscating Authority, Saran, at Chapra, under Rule 12B of the 2021 Rules in Firm-V within a period of two weeks from today.

6. It is made clear that if such an application is filed, the Confiscating Authority, Saran, at Chapra, shall dispose

Patna High Court CWJC No.7901 of 2026(2) dt.15-07-2026 3/3 the same in accordance with law by a speaking order, preferably within a period of three weeks from the date of filing of the application under Form-V by the petitioner. (Anil Kumar Sinha, J.) (Vikash Kumar, J.) Prabhakar Anand/- U √