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2026 Supreme(Online)(Pat) 3299

PATNA HIGH COURT
MOHIT KUMAR SHAH, PRAVEEN KUMAR, JJ
Shyam Sundar Devi – Appellant
Versus
The State of Bihar through the District Magistrate, Sitamarhi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Birendra Kumar
For the Respondents: Mr.Standing Counsel (07)

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2 12-01-2026 The present writ petition has been filed for de-sealing the premises of the petitioner, situated at Mauza Rewasi, P.S.- Riga, District-Sitamarhi bearing Khata No. 736, Survey No. 1128, admeasuring 4 decimal, which has been seized on account of recovery of 162.96 liters of illicit foreign liquor, leading to lodging of Prohibition P.S. Sitamarhi Case No. 604 of 2025 dated 16.8.2025 under Section 30 (a) and Section 32 (3) of the Bihar Prohibition and Excise Act, 2016 against the son of the petitioner and others.

2. The learned counsel for the petitioner has, at the outset, submitted that the confiscation proceedings have not yet been initiated, however the petitioner be granted liberty to file appropriate petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (hereinafter referred to as “the Rules, 2022”) before the learned Collector, Sitamarhi for release of the premises in question upon payment of penalty, nonetheless a time frame be fixed for the purposes of disposal of such petition.

3. The learned

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