Petitioner directly sought writ release of premises after seizure of foreign liquor. The Court declined to entertain the petition on grounds of an alternative efficacious statutory remedy and permitted him to apply under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 within 30 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3484 of 2026
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Santosh Kumar S/o Late Laxmi Prasad, R/o Belbarganj, P.S.- Alamganj, DistPatna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Tilak Sao, Advocate For the Respondent/s : Mr. Prashant Pratap, GP-2 Mr. Shadwal Harsh, AC to GP-2
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 18-06-2026
It seems that the petitioner has directly moved this Court for release of the premises in question from where 4.320 liters of foreign made liquors have been recovered.
remedy which is equally efficacious, we refuse to entertain this writ application. Liberty is there to the petitioner to make an appropriate application in terms of Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 (As Amended Uptodate) within a period of 30 days from today. If any such application is
Patna High Court CWJC No.3484 of 2026(3) dt.18-06-2026 2/2
filed, the same will be considered by the competent authority i.e. the Collector or the officer authorized by him and an appropriate order thereon shall be passed within one month from the date of filing of the application.
accordingly.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
arvind/-
U
1 issue framed by the court
Whether the Court should entertain a direct writ for release of premises from which foreign liquor was seized, given an alternative statutory remedy.
1 provisions across 1 enactments
Santosh Kumar
The State of Bihar through the Chief Secretary
Principal Secretary, Department of Excise, Govt. of Bihar
D.M. Patna
Md. Afasar Ali, S.I. Excise P.S., Patna
Officer In-charge Excise P.S., Patna
Rajeev Ranjan Prasad
Kumar Manish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
