Patna High Court

Guddu KumarversusThe State of Bihar

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

Holding

The petitioner is entitled to seek release of the seized vehicle by filing an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks, after which the competent authority must decide within six weeks.

Summary

Guddu Kumar filed a writ petition seeking the release of his seized Pulsar motorcycle, which had been impounded after 35 litres of illicit spirit were recovered from it in a case under the Bihar Prohibition and Excise Act, 2016. The petitioner argued that the vehicle, kept in an open space at the Excise Police Station since February 2024, was at risk of damage and should be returned. The Court examined Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, which permits release of a seized vehicle upon payment of a penalty. It held that the petitioner may invoke this rule by filing an appropriate application within four weeks. The Court directed the competent authority to consider the application and issue a reasoned order within six weeks. Consequently, the writ petition was disposed, subject to the petitioner’s filing of the Rule‑12A application.

Issues considered

Whether the seized motorcycle can be released to the petitioner pending payment of penalty under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
Whether the petitioner’s concern of potential damage to the vehicle warrants immediate release.

Legislation cited

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

Subjects

seizure
motor vehicle
illicit spirit
excise law
writ petition
release of property
Rule 12A
penalty
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1267 of 2026
                 ======================================================
                 Guddu 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, Adv.

                 For the State           :      Mr. Prabhat 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)

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

                   Pulsar Motorcycle bearing Registration No. BR29AY2110,

                   Chassis         No.       MD2B72BX9PCB54531,             Engine           No.

                   JEXCPB66972, which has been seized in connection with

                   Baikunthpur P.S. Case No. 33 of 2024 dated 03.02.2024
Patna High Court CWJC No.1267 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 the petitioner and seven persons

          on account of recovery of various quantity of illicit spirit and as

          far as the petitioner is concerned, 35 litres of illicit spirit has

          been recovered from his motorcycle.

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

          motorcycle belongs to the petitioner and from the same 35 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
          Patna High Court CWJC No.1267 of 2026(2) dt.28-01-2026
                                                      3/3




                    six weeks, thereafter.

                                5.     Accordingly, the present writ petition stands

                    disposed of on the aforesaid terms.



                                           (Mohit Kumar Shah, J)


                                           ( Alok Kumar Pandey, J)

amitkumar/-
shahzad

U

Continue reading with your account

Checking your session…