Patna High Court
Bedam Devi vs The State Of Bihar on 7 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10062 of 2025
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Bedam Devi wife of Kashi Mistri, Resident of Mohalla Mahsai, Ward No. 12,
P.S.-Rajauli, District-Nawadah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Excise Commissioner, Patna.
3. The Collector cum District Magistrate, Nawadah.
4. Superintendent of Police, Nawadah.
5. Inspector Excise cum Officer in Charge Excise Police Station, Nawadah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Respondent/s : Mr. Standing Counsel (11)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 07-07-2025
In the instant petition, petitioner has prayed for
the following relief(s):-
"i. To issue appropriate writ(s),
order(s), direction(s) in the nature of
certiorari quashing the order dated 7.5.2025
passed by respondent no.5. whereby and
where under the room of the petitioner of his
house has been sealed in connection with
excise P.S. case no. 287/2025 under section
30(a) of the Bihar Prohibition and Excise Act.
The residential house/premises bearing
Patna High Court CWJC No.10062 of 2025 dt.07-07-2025
2/4
Mauza Mahsai Thana No. 183 Khata no.192
Kheshra no.1056/1057 Thana no.183 area 08
decimals which was stand in the name of the
petitioner.
ii) To issue an appropriate writ in the
nature of Mandamus directing the respondent
authorities to unlock the residential room
bearing Mauza Mahsai Thana no.183 Khata
no.192 Kheshra no.1056/1057 area 08
decimals which was stand in the name of the
petitioner.
iii) For further direction to waive the
fine imposed upon the petitioner as a penalty
as per Bihar Excise Amendment Act as the
petitioner belongs to a lower stratum of the
society.
iv) Any other relief or reliefs which the
petitioners may found entitled to in the facts
and circumstances of the case.
2. Briefly stated the facts of the case is that there
is alleged recovery of 1.875 litres of illicit liquor from the
fridge of the house of the petitioner. On the basis of
aforesaid fact, Excise P.S. Case No. 287 of 2025 dated
06.05.2025
was registered under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
Patna High Court CWJC No.10062 of 2025 dt.07-07-2025
3. Learned counsel for the petitioner submitted
that petitioner is old lady aged about 71 years and is the
owner of the house and she has no concern with the seized
illicit liquor. The seizure list has been made without
following the rule of search. The recovery of illicit liquor is
only 1.875 litres which is a meager amount and not within
the purview of commercial quantity. It is further submitted
that till date, no notice for initiation of confiscation
proceeding has been received by the petitioner.
4. Considering the small quantity of liquor, the
concerned authority is hereby directed to collect fine of Rs.
10,000/-(Ten Thousands) and unseal the room of the house
of the petitioner within a period of one week from the date
of receipt of this order, for which petitioner has no
objection.
5. We are conscious of the fact that alleged
recovery is meager quantity and the aforesaid order has
been passed while invoking extra ordinary jurisdiction
under Article 226 of the Constitution of India for the
reasons that unnecessarily petitioner shall not be subjected
to various proceedings like Rule of 12A of the Bihar
Patna High Court CWJC No.10062 of 2025 dt.07-07-2025
Prohibition and Excise Rules, 2021 read with amended sub
Rule 2 of Rule 12A in the year 2022 and 2023, Sections 58,
92 and 93 of the Bihar Prohibition and Excise Act, 2016, for
an issue of 1.875 litres of illicit liquor and such order is
required to prevent the multiplicity of proceeding in the
interest of justice.
6. Accordingly, the writ petition stands disposed
of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 11/07/2025
Transmission Date N/A
