Rajkumar Choudhary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rajkumar Choudhary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector, Nawada within three weeks; the Collector, Nawada/his authorised officer to consider it on merits and pass a reasoned and speaking order in accordance with law within four weeks thereafter.

Issue for consideration

Whether the rooms of the petitioner's residential house, sealed in connection with Excise P.S. Pakribarawn Case No. 92/2025, should be de-sealed/released to the petitioner.

Court's answer

Liberty is granted to the petitioner to file an appropriate petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the sealed rooms of his residential house upon payment of penalty.

Ratio / Principle

If the petition under Rule 12B of the Rules, 2022 is filed before the Competent Authority, i.e. the Collector, Nawada, within three weeks, it shall be considered on merits and the Collector, Nawada/his authorised officer shall pass a reasoned and speaking order in accordance with law within four weeks thereafter.

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J., for the Division Bench with Alok Kumar Pandey, J.; order dated 05-02-2026) disposed of a writ petition (CWJC No.15132 of 2025) seeking de-sealing of rooms of the petitioner's residential house at Khata No. 91, Khesra No. 618, 615, gram mauza-Ukhriya, Circle-Kawakole, District-Nawada, sealed in connection with Excise P.S. Pakribarawn Case No. 92/2025, registered under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016 against Rina Devi (the petitioner's wife, in joint possession of the house) and suspect Shankar Chaudhary, following recovery of 60 liters of illicit country-made liquor and 100 liters of Mahua Jawa liquid. Rather than ordering de-sealing, the Court granted liberty to file an appropriate petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the rooms upon payment of penalty; if filed before the Competent Authority (Collector, Nawada) within three weeks, it is to be considered on merits and a reasoned, speaking order passed in accordance with law within four weeks thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15132 of 2025

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Rajkumar Choudhary S/o Sukhdeo Chaudhary @ Sukadev Chaudhari, Resident of Village- Okhariya near Gola Bazar Pali, P.S.- Kawakole, DistrictNawada.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Bihar, Patna.

The Divisional Commissioner, Excise Department, Patna Division, Patna. 3. The District Collector, Nawada.

The Superintendent of Police, Nawada.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Sheo Kumar Prasad, Adv. For the Respondent/s : Mr.Government Advocate (3)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4 05-02-2026 The present writ petition has been filed for de-sealing the

rooms of the residential house of the petitioner situated at Khata No. 91, Khesra No. 618, 615, ad-measuring 14 decimal, situated at gram mauza-Ukhriya, Circle-Kawakole, District-Nawada which have been sealed in connection with Excise P.S. Pakribarawn Case No. 92/2025, registered under Section 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016 against one Rina Devi and one suspect Shankar Chaudhary on

Patna High Court CWJC No.15132 of 2025(4) dt.05-02-2026 2/3

account of recovery of 60 liters of illicit country made liquor and 100 liters of Mahua Jawa liquid.

The learned counsel for the petitioner submits that the rooms of the residential house of the petitioner from where illicit liquor has been recovered is in joint possession of the petitioner and his wife, namely Rina Devi, who is an accused in the aforesaid Excise P.S. Pakribarawn Case No. 92/2025, hence 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, 2022”) for release of rooms of the residential house of the petitioner upon payment of penalty. Liberty so sought is granted.

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, Nawada, within a period of three weeks from today, the same shall be considered on merits and the Collector, Nawada/ his authorised officer shall pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter.

Accordingly, the present writ petition stands disposed off on

Patna High Court CWJC No.15132 of 2025(4) dt.05-02-2026 3/3

the aforesaid terms.

(Mohit Kumar Shah, J)

( Alok Kumar Pandey, J)

Ajay/-

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