Patna High Court
Sachin Kumar vs The State Of Bihar on 7 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6353 of 2025
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Sachin Kumar Son of Late Sanjay Kumar, resident of Village- Barhi Bigha,
Ward no. 15 P.S. Hisua, District- Nawada (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition Excise and
Registration Department (Excise), Government of Bihar, Nawada.
2. The Principal Secretary Prohibition Excise and Registration Department
(Excise), Government of Bihar, Nawada.
3. The District Magistrate, District Nawada (Bihar)
4. The Superintendent of Police, District Nawada (Bihar)
5. The Superintendent of Excise, District Nawada (Bihar)
6. The Station House Officer, Nawada Excise Police Station, District Nawada
(Bihar)
7. The Investigating Officer of Nawada Excise PS Case No. 609 of 2024,
District Nawada (Bihar)
8. The Assistant Sub-Inspector, Archana Sinha (the informant) Nawada Excise
PS
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Respondent/s : Mr. Rakesh Prabhat, AC to SC 21
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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 : 07-05-2025
In the instant petition, the petitioner has prayed for
the following reliefs(s):-
1. (i) For direction to release the petitioners
residential house situated at Khata No. 220,
Khesara no. 824 (in a portion of the total area
of 5 decimals) recorded in the name of Rajesh
Patna High Court CWJC No.6353 of 2025 dt.07-05-2025
2/5
Kumar and Sanjay Kumar, which is comprised
of the shares of other coparceners of this
petitioner in connection with Nawada Excise
Police Station Case No. 609 of 2024 instituted
under section 30(a) of the Bihar Prohibition
and Excise Act.
(ii) For direction to the respondent to release
the petitioner's house including the shares of
other coparceners i.e. 5 Decimal, provisionally
if the confiscating proceedings are pending
until the proceedings are envisaged with due
procedure of law.
(iii) Any other relief or relief (s) to which the
petitioner may be found entitled in the facts and
circumstances of the case.
2. Briefly stated, the facts of the case is that on
03.09.2024
, Assistant Sub-Inspector Archana Sinha
received a confidential information that four individuals
were transporting liquor in bags from a train arriving from
Gaya and would disembark at Hisua Railway Station.
Accordingly a team was constituted but upon the arrival of
the train, no individual was found as per description. Later,
on, a spy had informed that the suspects had taken an
alternative route and reached their respective homes. Acting
Patna High Court CWJC No.6353 of 2025 dt.07-05-2025
upon this information, the excise team raided the
petitioner's house and apprehended the petitioner. On search
of the premises, approximately 16.5 litres illicit liquor was
recovered and seized. On the basis of the aforesaid facts,
Nawada Excise P.S. Case No. 609 of 2024 dated 03.09.2024
was instituted under Section 30(a) of the Bihar Prohibition
& Excise Amendment Act, 2022.
3. It is submitted by learned counsel for the
petitioner that house of the petitioner which is the ancestral
house was sealed on 05.09.2024 and at that time, the family
members were present at the house but they were not given
the seizure list nor they were made witness to the seizure
list. From a bare perusal of the seizure list prepared on
03.09.2024, it is clear that a total of 1.5 litres of beer was
seized by the police from the alleged seized premises.
Moreover, the provisions of Sections 103 and 105 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
regarding search and seizure were not followed at all by the
Police and thus the entire seizure is bad in law and illegal.
4. Learned counsel for the respondents submits
that recovery of illicit liquor was made from the house of
Patna High Court CWJC No.6353 of 2025 dt.07-05-2025
the petitioner. The respondent authority was justified in
taking action under the provisions of the Excise Act.
However, the petitioner has alternative remedy to get the
room of the marriage-hall unsealed after making payment of
penalty in terms of Rule 12(B) of the Bihar Prohibition &
Excise Rules, 2021.
5. From perusal of the record, it has transpired that
alleged recovery of approximately 16.5 liter of illicit liquor
has been made from the premises of the house of the
petitioner. Moreover, for recovery of a meager quantity of
illicit liquor from the premises of the petitioner and
petitioner having no criminal antecedent, a penalty of Rs.
15,000/-(Fifteen Thousands) is appropriate in light of the
facts and circumstances of the case for which petitioner has
no objection.
6. We are conscious of the fact that alleged
recovery is of 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 12B of the Bihar
Patna High Court CWJC No.6353 of 2025 dt.07-05-2025
Prohibition and Excise Rules, 2021 read Sections 58, 92
and 93 of the Bihar Prohibition and Excise Act, 2016, for a
trivial issue relating to seizure of 16.5 liters of illicit liquor
and the aforesaid decision is warranted to prevent
multiplicity of proceeding under Excise Act and Rules, in
the interest of justice.
7. Considering recovery of small quantity of
liquor, the petitioner is directed to deposit a penalty of Rs.
15,000/-(Fifteen Thousands) and the concerned authority is
hereby directed to collect fine of Rs. 15,000/-(Fifteen
Thousands) and unseal the premises of the petitioner, which
has been sealed on 05.09.2024, within a period of one week
from the date of receipt of this order.
8. 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 15/05/2025
Transmission Date N/A
