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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Dayamanti Devi wife of Late Rajendra Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for desealing and release of land of the petitioner situated at Mauza Gonawa, Thana No. 367, District- Nawada appertaining to Khata No. 346, 88, Khesra No. 3192, 3193, admeasuring 6 decimal. The petitioner has further prayed for quashing the confiscating proceedings initiated by the respondents vide Case No. 35 of 2025 for confiscating the aforesaid land in question.
2. The brief facts of the case are that one Nawada Excise P.S. Case No. 873 of 2024 dated 13.12.2024 was registered under Sections 30 (a) and 44 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the “Act, 2016”) against Ranjit Kumar and Rahul Kumar @ Chhotu on account of recovery of 1.500 liters of illicit foreign liquor from the possession of the said accused persons as also recovery of 2.625 liters of illicit liquor from a sack hidden in the garbage lying in the premises in question.
3. The learned counsel for the petitioner has submitted that neither the petitioner nor her family members have been made accused in the aforesaid criminal case and moreover, the petitioner is not having any connection or relation with the afore
Confiscation of properties under the Bihar Prohibition and Excise Act requires proof of owner's involvement in the offense; a lack of such proof invalidates the confiscation.
The petitioner is entitled to the release of the seized property due to lack of evidence connecting him to the offense.
Writ petition for de-sealing premises under the Bihar Prohibition and Excise Act allows liberty for filing a release application with specified timelines for processing.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
The court allows a petitioner to seek relief under statutory provisions for de-sealing property seized for illicit activities, ensuring a timely decision from authorities.
The court permitted filing for release under the Bihar Prohibition and Excise (Amendment) Rules, 2022, mandating timely disposal by the Collector.
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