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
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