The court held that a petitioner may seek the de-sealing of residential premises by filing a petition under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, for release upon payment of a penalty, to be decided by the competent authority on merits.

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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

2. 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.

3. 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.

4. Accordingly, the present writ petition stands disposed off on the aforesaid terms.