Rinki Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16280 of 2025 ====================================================== Rinki Sinha W/o Satish Kumar, Presently residing at Niranjanpur, Kharauniya Bagicha, Indralok Nagar, P.S.- Bypass, Dist.- Patna- 804451 while Permanent resident of Village- Chhati, P.S.- Dhanarua, Dist.- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Deputy Collector, Land Reform-cum-Confiscation Authority, Patna. 4.

The Circle Officer, Patna City Crcle, Kumhrar. 5.

The Superintendent of Police, Patna.

6.

The S.H.O., Excise Police Station Patna Sadar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Neeraj Kumar, Advocate For the Respondent/s :

Mr.Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 19-01-2026 The present writ petition has been filed for releasing two rooms situated on the ground floor under stair case at Niranjanpur, Kharauniya Bagicha, P.S.-Bypass, District-Patna, appertaining to Khata No.971, Khesra No.60 part, which has been sealed and seized on account of recovery of 375 litres of Codeine Cough Syrup, leading to lodging of Excise P.S. Patna Case No.197 of 2025 under Sections 30(a), 56(b), 32 and 62 of Bihar Prohibition and Excise Act, 2018 against one Jitendra Kumar.

2. The learned counsel for the petitioner submits that the

Patna High Court CWJC No.16280 of 2025(2) dt.19-01-2026 2/2 said two rooms had been given on rent to Rahul Kumar and Jitendra Kumar vide Rent Agreement dated 01.11.2024, nonetheless it is submitted that the petitioner be granted liberty to file appropriate application under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the premises on payment of penalty, however the concerned authority be directed to dispose off the said application within a stipulated time frame.

3. Having regard to the facts and circumstances of the case, we deem it fit and proper to grant liberty to the petitioner to file appropriate petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the competent authority and in case such an application is filed within a period of two weeks from today, the competent authority shall consider the same in accordance with law and pass a reasoned and a speaking order, with a period of four weeks thereafter.

4. Accordingly, the writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) (Praveen Kumar, J) kanchan/- U