Patna High Court

Dip Narayan Paswan @ Deep Narayan PaswanversusThe State of Bihar

Decided: 5 May 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The petition is not maintainable because Section 60 of the Bihar Prohibition and Excise Act creates a statutory bar, and therefore it is dismissed.

Summary

The petitioner, Dip Narayan Paswan, filed a petition challenging an order under Section 451 of the Criminal Procedure Code that denied the release of a vehicle seized in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the seizure should be lifted, but the court examined the statutory provisions governing such seizures. The court held that Section 60 of the Bihar Prohibition and Excise Act imposes a statutory bar on the petitioner's claim, rendering the petition non‑maintainable. Consequently, the petition was dismissed. The decision underscores the primacy of the specific statutory bar over the general procedural relief sought under the Cr.P.C.

Issues considered

What is the effect of Section 60 of the Bihar Prohibition and Excise Act on a petition seeking release of a vehicle seized under Section 30(a) of the same Act?
Whether the petition under Section 451 of the Cr.P.C. is maintainable in view of the statutory bar.

Legislation cited

Code of Criminal Procedure, 1973 — s. 451

Subjects

vehicle seizure
Bihar Prohibition and Excise Act
Section 30(a)
Section 60
Criminal Procedure Code
Section 451
statutory bar
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5973 of 2026
                      Arising Out of PS. Case No.-230 Year-2025 Thana- RANIYATALAB District- Patna
                  ======================================================
                  Dip Narayan Paswan @ Deep Narayan Paswan S/o Ramashish Paswan
                  Resident of Village- Badakidhava, PS- Ekangar Sarai, District- Nalanda

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar
            2.    The Police Sub-Inspector, Rani Talab, Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Vinay Mistry
                  For the Opposite Party/s :       Mr.Indu Kumari Srivastava
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    05-05-2026                  Learned counsel for the petitioner is challenging an

                    order under Section 451 of Cr.P.C., wherein, the prayer for

                    release of the vehicle, in question, has been seized with respect

                    to offence punishable under Section 30(a) of the Bihar

                    Prohibition and Excise Act. There is statutory bar under Section

                    60 of the Bihar Prohibition and Excise Act and hence the

                    petition of the petitioner is not maintainable.

                                 2. The same is accordingly dismissed.



                                               (Praveen Kumar, J)
shivam/-

U      T

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