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2026 Supreme(Online)(Pat) 3321

PATNA HIGH COURT
MOHIT KUMAR SHAH, PRAVEEN KUMAR, JJ
Dukhi Sah – Appellant
Versus
The State of Bihar through Principal Secretary, Department of Registration and Excise, Bihar, Patna – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Bhavesh Kumar Sah, Advocate, Mr. Dhananjay Kumar Tiwary, Advocate, Mr. Archna Aanand, Advocate
For the Respondents: Mr. Standing Counsel (23)

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

3 21-01-2026 The present petition has been filed for directing the respondent authorities to release the room of Krishna Dhaba appertaining to Thana No. 33, Old Khesra No. 4039 New Khesra No. 751, situated at Suratganj, P.S.- Town, District- Madhubani in favour of the petitioner who is bonafide owner of the land in question where the said room/shop is situated.

2. The records would bear it out that the aforesaid room/shop in the name of Krishna Dhaba has been seized in connection with Sadar Excise P.S. Case No. 363 of 2024 dated

30.12.2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act , 2016, (hereinafter referred to as ‘the Act, 2016’), on account of recovery of 135.750 liters of illicit liquor from the said room/shop.

3. The learned counsel for the petitioner has submitted that the petitioner had given the said room/shop on rent to one Brahmdev Sah (who is also an accused in the said criminal case) vide rent agreement dated 30.11.2024, thus it is submitted that the petitioner is not having any complicity in the al

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