Patna High Court
Bulet Yadav @ Bulat YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner may file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2022 as amended by 2023 to seek release of the vehicle upon payment of the prescribed penalty.
Summary
The petitioner, Bulat Yadav, challenged the confiscation of his motorcycle ordered by the Sub‑Divisional Magistrate following an excise case where illicit liquor was recovered from the vehicle. He sought quashing of the confiscation order and release of the motorcycle. The Court examined Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2022, which allows the owner to pay a penalty and obtain release of the vehicle during pending confiscation or auction proceedings. The Court held that a petition under Rule 12A is maintainable even while auction proceedings are ongoing. Accordingly, the Court granted the petitioner liberty to file a petition under Rule 12A within four weeks, after which the competent authority must decide on the release; the writ petition was disposed without quashing the original order.
Issues considered
- Whether the order of confiscation and the subsequent auction proceedings can be quashed by a writ petition.
- Whether a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2022 is maintainable during the pendency of auction proceedings.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- confiscation
- excise law
- motor vehicle
- writ petition
- Rule 12A
- penalty
- auction
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12134 of 2025
======================================================
Bulet Yadav @ Bulat Yadav, Gender-Male, Son of Prabhu Yadav, Resident of
Village- Sital Bardaha, P.S. Kuchaikote, District Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Department of Excise
and Prohibition, Bihar, Patna.
2. The Secretary, Bihar Prohibition and Excise, Government of Bihar, Patna.
3. The Commissioner, Excise, Bihar, Patna.
4. The Collector, Gopalganj.
5. The Sub-Divisional Magistrate, Gopalganj.
6. The Superintendent of Police, Excise, Gopalganj.
7. The Deputy Superintendent of Police, Gopalganj.
8. The District Excise Officer, Gopalganj.
9. The Officer-in-Charge, Town Police Station, District Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Respondent/s : Mr. Pratik Kumar, AC to GA 11
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 09-02-2026 The present writ petition has been filed for quashing
the order dated 03.12.2024 passed by the Commissioner, Excise,
Bihar, Patna in Excise Appeal Case No.96 of 2024 (arising out
of Gopalganj Town P.S. Case No.175 of 2024 registered under
Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 on
account of recovery of 27 liters of country made illicit liquor
Patna High Court CWJC No.12134 of 2025(4) dt.09-02-2026
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from the Splendor Plus motorcycle of the petitioner bearing
registration No.-BR-28 AA 4619), whereby and whereunder the
order passed by the Sub-Divisional Magistrate, Gopalganj
pertaining to confiscation of vehicle in question has been
upheld. The confiscation order dated 05.07.2024 passed by the
Sub-Divisional Magistrate, Gopalganj in Sub-Divisional
Confiscation (Excise) Case No.389 of 2024, whereby and
whereunder direction has been issued for confiscation of the
motorcycle of the petitioner, is also under challenge. The
petitioner has also prayed for release of the aforesaid vehicle in
question.
2. We find, from perusal of Rule 12 A of the Bihar
Prohibition and Excise (Amendment) Rules, 2022 (hereinafter
referred to as the ‘Rules, 2022’) that an explanation has been
provided therein which reads as under:-
[Explanation: In all pending/ongoing
cases of confiscation/ auction of vehicles, the
Collector or the officer authorized by him may
give an opportunity to the existing owner to
pay the aforesaid penalty and get the vehicle
released. Upon satisfaction about ownership
and upon payment of such penalty, the ongoing
confiscation/auction proceeding may be
dropped and the vehicle released.]"
Patna High Court CWJC No.12134 of 2025(4) dt.09-02-2026
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3. In view of the aforesaid, we have put a query to the
learned counsel appearing for the State that in view of the
aforesaid explanation to Rule 12 A of the Rules, 2022 whether
during the pendency of auction proceedings, a petition under
Rule 12 A for release of vehicle on payment of penalty would be
maintainable, to which the answer is in the affirmative.
4. Having regard to the fact and circumstances of the
case and in view of the submission of the petitioner, to the effect
that liberty be granted to the petitioner to file appropriate
petition under Rule 12 A of the Rules, 2022 as amended by the
Bihar Prohibition and Excise (Amendment) Rules, 2023
(hereinafter referred to as the ‘Rules, 2023’), we deem it fit and
proper to grant liberty to the petitioner to file appropriate
petition under Rule 12 A of the Rules, 2022 as amended by the
Rules, 2023.
5. It is needless to state that in case appropriate
petition is filed by the petitioner under Rule 12 A of the Rules,
2022 as amended by the Rules, 2023 within a period of four
weeks from today, the competent authority shall consider the
same on merits and pass a reasoned and a speaking order within
a period of four weeks, thereafter, in case the motorcycle in
question has not been auctioned.
Patna High Court CWJC No.12134 of 2025(4) dt.09-02-2026
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6. Accordingly, present writ petition stands disposed
of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
GAURAV S./-
U
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