Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to seek release of the seized motorcycle by filing an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023, and the authority must decide the application within the stipulated time.
Summary
The petitioner, Asha Devi, filed a writ petition seeking the release of a motorcycle seized by the Ramgarwa Police Station in connection with the recovery of illicit Nepali liquor. The seizure was effected under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner’s counsel requested liberty to file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The Court granted this liberty and directed the competent authority to consider the application within two weeks and to issue a reasoned order within another two weeks. Accordingly, the writ petition was disposed with these directions.
Issues considered
- What relief is available to a petitioner for the release of a vehicle seized under the Bihar Prohibition and Excise (Amendment) Act?
- Whether the petitioner must first file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 to obtain release on payment of penalty.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Bihar Prohibition and Excise (Amendment) Rules, 2023 — s. 12A(2)
Subjects
- seizure
- motorcycle
- penalty
- Rule 12A(2)
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- writ petition
- release of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1001 of 2026
======================================================
Asha Devi Wife of Ramratan Mahto, Resident of Village- Koria Ward No. 5,
Police Station- Adapur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate, East Champaran.
3. The Superintendent of Police, East- Champaran.
4. The Officer Incharge, Ramgarwa Police Station, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Respondent/s : Mr. Sunil Kr. Mandal, SC-3
Ms. Neelam Kumari, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 23-03-2026 The present writ petition has been filed for release of the
motorcycle bearing Registration No. BR05BM0995, Chassis
No. MBLHAW221RHM75303 and Engine No.
HA11E7RHM76816, which has been seized in connection with
Ramgarwa P.S. Case No. 5128028250069 of 2025 dated
07.03.2025, registered under Section 317(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022 on account of recovery of
12.21 liters of illicit Nepali liquor.
Patna High Court CWJC No.1001 of 2026(3) dt.23-03-2026
2/2
2. At the outset, the Ld. Counsel for the petitioner seeks
liberty on behalf of the petitioner to file appropriate application
under Rule 12A(2) of the Bihar Prohibition and Excise
(Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules,
2023’) for release of the motorcycle in question on payment of
penalty. Liberty, so sought, is granted.
3. It is needless to state that in case appropriate application
is filed by the petitioner under Rule 12A(2) of the Rules, 2023
within a period of two weeks from today, the competent
authority shall consider the same on merits and pass a reasoned
and a speaking order within a period of two weeks, thereafter.
4. The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
(Ramesh Chand Malviya, J)
S.Sb/-
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