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Patna High Court

Sunil KumarversusThe State of Bihar through Excise Commissioner, Patna.

Decided
Disposal
CONVERTED

Holding

The court permitted the conversion of the criminal writ petition into a civil writ petition for the relief sought.

Summary

The petitioner, Sunil Kumar, sought the release of his seized vehicle, registration No. BR01JA5212, which was impounded in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He filed a criminal writ petition in the Patna High Court requesting the respondents to order the release of the vehicle. The petitioner’s counsel requested permission to convert the criminal writ petition into a civil writ petition, arguing that a civil writ is the appropriate remedy for the release of the vehicle under the Excise Act. Justice Arun Kumar Jha granted the request, directing the petitioner to convert the petition within four weeks and ordering the respondents to cooperate with the conversion. Consequently, the court allowed the conversion of the criminal writ petition into a civil writ petition for the relief sought.

Issues considered

  • Whether a civil writ petition is maintainable for the release of a vehicle seized under the Bihar Prohibition and Excise Act
  • Whether a criminal writ petition can be converted into a civil writ petition at the discretion of the court

Legislation cited

Subjects

  • vehicle seizure
  • excise law
  • civil writ
  • criminal writ
  • conversion of petition
  • Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.140 of 2026
                      Arising Out of PS. Case No.-490 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sunil Kumar Son of Late Bind Mahto Resident of Village - Chhoti Pahari,
                 P.O. - Bari Pahari, P.S.- Agamkuan, District- Patna.

                                                                                 ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Excise Commissioner, Patna. Bihar
           2.    District Magistrate, Patna Bihar
           3.    Station House Officer of Agamkuan, Dist. - Patna. Bihar
           4.    Investigation Officer, P.S.I. Raushan Kumar of Agamkuan P.S. Case no.
                 490/2025 Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ranjit Prasad, Advocate
                 For the Respondent/s    :       G.P.6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   02-07-2026                   The present petition has been filed seeking direction

                   to respondents to release the vehicle of the petitioner bearing

                   Registration          No.         BR01JA5212,               Chasis             No.

                   MB8EA12MJR8221128,                 Engine      No.      AF218142161             in

                   connection with Agamkuan P.S. Case No. 490 of 2025

                   registered for the offences punishable under Section 30(a), 32 of

                   the Bihar Prohibition and Excise Act.

                               02. Apparently, for release of vehicle under Excise

                   Act a Civil Writ is maintainable and hence, the petitioner can

                   approach the concerned roster Bench.

                               03. At this stage, learned counsel for the petitioner
             Patna High Court CR. WJC No.140 of 2026(2) dt.02-07-2026
                                                         2/2




                       seeks permission to convert the present criminal writ petition

                       into a civil writ petition.

                                    04. Permission is accorded.

                                    05. He is directed to convert the present petition into a

                       civil writ petition within four weeks

                                    06. Office is directed to extend all cooperation

                       towards conversion.



                                                 (Arun Kumar Jha, J)
anuradha/-

U


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