Patna High Court

Anil KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The Court held that the petitioner may obtain release of the seized vehicle by filing an application under Rule 12A of the 2023 Rules, and the writ petition is disposed on that basis.

Summary

Anil Kumar filed a writ petition seeking the release of his Honda motorcycle (Reg. No. BR29AU3627) seized by the Excise Police in connection with the recovery of 70 litres of illicit spirit, under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. The vehicle had been kept in an open area of the Excise Police Station since 3 February 2024, raising concerns of damage. The High Court observed that Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 permits release of a seized vehicle upon payment of a penalty. Accordingly, the Court directed the petitioner to file an application under Rule 12A within four weeks and directed the competent authority to decide the application within six weeks and pass a reasoned order. The writ petition was disposed subject to compliance with this direction.

Issues considered

Whether the petitioner is entitled to the release of the seized motorcycle pending payment of penalty under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
Whether the Court can direct the filing of an application under Rule 12A and prescribe timelines for the competent authority’s decision.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41

Subjects

seizure
motor vehicle
illicit spirit
excise law
release on penalty
writ petition
Rule 12A

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1260 of 2026
                 ======================================================
                 Anil Kumar Son of Mohan Mahato, Resident of Village-Baikunthpur, P.S.-
                 Baikunthpur, Distt-Gopalganj, State-Bihar.



                                                                              ... ... Petitioner
                                                    Versus


           1.    The State of Bihar through the Principal Secretary, Excise Prohibition and
                 Registration Department, Government of Bihar, Patna.
           2.    The Deputy Secretary, Excise Prohibition and Registration Department,
                 Government of Bihar, Patna.
           3.    The Collector, Gopalganj, District-Gopalganj.
           4.    The Superintendent of Police, Gopalganj.
           5.    The Sub Inspector Baikunthpur, District-Gopalganj.


                                                           ... ... Respondents
                 ======================================================
                 Appearance :

                 For the Petitioner/s    :      Mr. Priya Raj, Advocate

                 For the State           :      Mr. Rajeshwar Singh, GA-10

                                                Mr. Pramendra Kumar Singh, AC to GA-10

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   28-01-2026                   The present writ petition has been filed for release of

                   Honda Motorcycle bearing Registration No. BR29AU3627,

                   Chassis         No.       ME4JC83DENG070220,              Engine       No.

                   JC83EG3140019, which has been seized in connection with

                   Baikunthpur P.S. Case No. 33 of 2024 dated 03.02.2024
Patna High Court CWJC No.1260 of 2026(2) dt.28-01-2026
                                            2/3




          registered under Sections 30 (a) and 41 of the Bihar Prohibition

          and Excise Act, 2016 against eight persons on account of

          recovery of various quantity of illicit spirit from the motorcycles

          in question.

                        2.   It is stated in the writ petition that the seized

          motorcycle belongs to the petitioner and from the same 70 litres

          of illicit spirit was recovered, however the vehicle is kept in

          open space of the Excise Police Station District-Gopalganj since

          03.02.2024, thus there is all possibility of the said vehicle being

          damaged, hence the same should be released in favour of the

          petitioner.

                        3. We find that Rule 12A of the Bihar Prohibition and

          Excise (Amendment) Rules, 2023 (hereinafter referred to as the

          Rules, 2023) provides for release of vehicle on payment of

          penalty.

                        4. In such view of the matter, we grant liberty to the

          petitioner to file appropriate petition under Rule 12A of the

          Rules, 2023 before the competent authority and in case such an

          application is filed within a period of four weeks from today, the

          competent authority shall consider the same in accordance with

          law and pass a reasoned and a speaking order within a period of

          six weeks, thereafter.
          Patna High Court CWJC No.1260 of 2026(2) dt.28-01-2026
                                                      3/3




                                5.     Accordingly, the present writ petition stands

                    disposed of on the aforesaid terms.



                                           (Mohit Kumar Shah, J)


                                            (Alok Kumar Pandey, J)

amitkumar/-
shahzad

U

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