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.

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 counsel for the Respondent-State has got no objection to the aforesaid submission advanced by the learned counsel for the petitioner.

4. Having regard to the facts and circumstances of the case, we deem it fit and proper to grant liberty to the petitioner to file appropriate petition for release of the premises in question under Rule 12B of the Rules, 2022 and in case such a petition is filed within a period of two weeks from today, the learned Collector, Sitamarhi shall dispose off the same, by passing a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter.

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

(Mohit Kumar Shah, J)