Created by Fuzzy Cloud

Patna High Court

Subhash RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may file an application under Rule 12A(2) for release of the seized vehicle and disposed the writ petition subject to that filing.

Summary

The petitioner, Subhash Ram, filed a writ petition seeking the release of a vehicle seized under the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged possession of 20.750 litres of illicit liquor. The High Court granted the petitioner liberty to file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle on payment of a penalty. The Court directed that the application, if filed within two weeks, must be considered by the competent authority and a reasoned order issued within another two weeks. No substantive merits of the seizure were decided; the writ petition was disposed subject to the filing of the Rule 12A(2) application. The order was pronounced by a bench of Justices Mohit Kumar Shah and Ramesh Chand Malviya.

Issues considered

  • Whether the petitioner is entitled to be permitted to file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle.
  • Whether the writ petition can be disposed pending such an application.

Subjects

  • vehicle seizure
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Rule 12A
  • writ petition
  • release of property
  • penalty

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1041 of 2026
                 ======================================================
                 Subhash Ram Son of Rangila Ram, Resident of Village- Turkaha Line Bazar,
                 P.S. Mirganj, District- Gopalganj.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through The Principal Secretary, Department of
                 Prohibition and Excise, Govt. of Bihar, Patna.
           2.    The District Magistrate, Gopalganj.
           3.    The Superintendent of Excise, Gopalganj.
           4.    The Officer-in-Charge, Gopalganj Police Station, Dist. Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Dhramveer, Advocate
                 For the Respondent/s   :     Government Advocate (10)
                 ======================================================
                 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

                   vehicle bearing Registration No. BR28AF9219, Chassis No.

                   MBHCZCB3SPGC78306 and Engine No. K12NP7307316,

                   which has been seized in connection with Gopalganj Excise P.S.

                   Case No. 524 of 2025 dated 26.08.2025, registered under

                   Sections 30(a), 32 and 37 of the Bihar Prohibition and Excise

                   (Amendment) Act, 2018 on account of recovery of 20.750 litres

                   of illicit liquor.

                   2.     At the outset, the Ld. Counsel for the petitioner seeks
         Patna High Court CWJC No.1041 of 2026(3) dt.23-03-2026
                                                     2/2




                   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 vehicle 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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.