IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2333 of 2026 ====================================================== Sangita Devi Wife of Arun Rajak Resident of Near Buddha Dental College, Shiv Ji Sugiya Bhavan, Mahatma Gandhi Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna, Bihar- 800020. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 2. The Excise Commissioner, Bihar, Patna. 3. The District Magistrate, Patna, District- Patna. 4. The Senior Superintendent of Police, Patna. 5. The Station House Officer, Excise Police Station (Utpad Thana), District- Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 4 15-05-2026 Heard learned counsel for the petitioner and learned AC to SC-4 for the State. 2. The petitioner in this writ application is seeking the following reliefs:- “(i) For issuance of a writ in the nature of Mandamus, directing and commanding upon the respondent authorities to unseal and release Kitchen Room (inside the Flat on the First Floor, North Side) located in Mohalla- Golaki More, Near Jagdamba Colony, Trikutnagar, Khemanichak, P.S.- Patna High Court CWJC No.2333 of 2026(4) dt.15-05-2026 2/5 Ramkrishna Nagar, District- Patna, belonging to the Petitioner, which has been sealed in connection with Excise P.S. (Patna) Case No. 1142/2025 dated 17.07.2025 registered under Section 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. (ii) For issuance of a declaration that the seizure of the premises is arbitrary and illegal in light of the law laid down by this Hon'ble Court in CWJC No. 2129 of 2025 (Mahendra Prasad Singh Vs. The State of Bihar), as the Petitioner is a bona fide landlord with no knowledge of the tenant's illegal activities. a) For any other relief to which the Petitioner may be entitled.” 3. Learned counsel for the petitioner submits that the petitioner is the owner of the house in question. The house was provided on rent to one Sweety Kumari, D/o- Vinay Singh, R/o- Mohalla-Kurji Kothiya, Vikash Nagar, P.S.- Phulwarishariff, District-Patna. The lease period begins from 15.07.2025, which was come to end on 14.06.2026. 4. It is submitted that a bare perusal of the application giving rise to F.I.R., it would appear that this case has been registered on the basis of application submitted by one Sadhna Kumari, Assistant Sub-Inspector of Police, Excise Police Station, Patna. She has received the information that one Amit Kumar, S/o- Dinesh Kumar and his friend Lal Babu, S/o- Late Ramji Patna High Court CWJC No.2333 of 2026(4) dt.15-05-2026 3/5 Yadav were selling illicit liquors and they were involved in providing home delivery of the liquor from a rented house in Ramkrishna Nagar Police Station, Mohalla- Golaki More, Near Jagdamba Colony, Trikutnagar, Khemanichak, District-Patna. On the basis of this information, a raid was conducted and on the first floor of the house, which was taken on rent by Amit Kumar, two persons were sitting there in the flat, they were interrogated and huge quantity of liquors were recovered from the flat. Both persons were arrested and the kitchen room of the flat where the liquors were stored was seized. 5. It is submitted that in the excise case, giving rise to Excise P.S. (Patna) Case No.1142 of 2025 registered under Sections 30(a), 32(3) and 56(b) of the Bihar Prohibition and Excise Act, 2016, the petitioner is not named as an accused. In course of investigation also name of the petitioner has not transpired. The submission is that in such circumstances, the property of the petitioner cannot be subjected to confiscation. 6. A counter affidavit has been filed on behalf of Respondent Nos. 2, 3 and 5. In the counter affidavit, a plea has been taken that the authenticity of the Annexure-2 of the writ application is suspicious because the rent agreement was notorised on 22.07.2025 for rented period of 15.07.2025 to Patna High Court CWJC No.2333 of 2026(4) dt.15-05-2026 4/5 14.06.2026. The notorization has been done after F.I.R. was instituted on 17.07.2025. 7. It is submitted that under Section 32 of the Bihar Prohibition and Excise Act, 2016, the presumption of guilt exists against the accused, which may be rebutted by leading cogent evidences. In sum and substance, the plea of the respondents is that renting out of the premises is unsubstantiated and it is required to be established by the petitioner. 8. Having heard learned counsel for the petitioner, learned counsel for the State and on perusal of the records, we find that the very prosecution case is based on the statement that the liquors were being sold from a rented premises by Amit Kumar and Lal Babu. The A.S.I. of Police who conducted the raid has herself recorded the fact that the recovery has been made from the rented premises. This being the position, in the admitted case of the prosecution, by filing a counter affidavit the respondents cannot be allowed to take a plea that the factum of tenancy is to be proved by the owner. In course of the investigation of the case nothing has come against the petitioner, therefore, in our considered opinion, the sealed premises is liable to be desealed/unsealed and the same cannot be subjected to confiscation. The confiscation proceeding, Patna High Court CWJC No.2333 of 2026(4) dt.15-05-2026 5/5 bearing Excise Confiscation Case No.5960/2025-26, is accordingly quashed. The respondents are directed to unseal the premises forthwith. 9. This writ application is allowed. harsh/- (Rajeev Ranjan Prasad, J) (Soni Shrivastava, J) U