Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.103 of 2026 ====================================================== Munni Devi W/o Late Ram Lakhan Mahto @ Lakhan Mahto Resident of Koiri Tola, Kako, P.S.- Kako, District- Jahanabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Jahanabad.

4.

The Superintendent of Police, Jahanabad.

5.

The Excise Superintendent, Jahanabad.

6.

The Station House Officer, Excise, P.S. Jahanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Advocate For the Respondent/s :

Mr.Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 21-01-2026 The present writ petition has been filed for releasing/desealing the premises of the petitioner seized in connection with Jehanabad Excise P.S. Case No.765 of 2025 dated 01.12.2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against one Pankaj Kumar on account of recovery of 319.875 litres of illicit liquor from the said premises in question.

2. The learned counsel for the petitioner submits that the premises from where illicit liquor has been recovered was taken on rent vide agreement dated 26.11.2022 by one Arun Kumar

Patna High Court CWJC No.103 of 2026(2) dt.21-01-2026 2/2 from the petitioner and the petitioner is the mother of the accused Pankaj Kumar, hence it is submitted that the petitioner is not having any complicity in the matter. Nonetheless, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (hereinafter referred to as "the Rules") for release of the premises upon payment of penalty. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition under Rule 12B of the Rules, 2022 is filed before the Competent Authority, i.e. the Collector, Jehanabad/authorised officer within a period of three weeks from today, the same shall be decided on merits and the Collector, Jehanabad/ the authorised officer shall pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter.

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

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