Patna High Court

Guddu KhanversusThe State of Bihar

Decided: 23 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH RAMESH CHAND MALVIYA

Holding

The Court directed that the petitioner may file an application under Rule 12A(2) for release of the seized vehicle on payment of penalty, and the competent authority must decide the application within two weeks, thereby disposing the writ petition.

Summary

The petitioner, Guddu Khan, filed a writ petition seeking the release of a three‑wheeler Toto vehicle seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 18 litres of illicit beer. The High Court, after hearing, 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 competent authority must consider the application within two weeks of filing and issue a reasoned order within another two weeks. No substantive order on the merits of the seizure was made; the petition was disposed subject to the above procedural direction. The order emphasizes compliance with the statutory rule for release of seized conveyances.

Issues considered

Whether the petitioner is entitled to release of the seized three‑wheeler vehicle under the provisions of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Whether the petitioner may obtain release by filing an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 and the procedural timeline applicable.

Subjects

seizure
vehicle release
excise law
writ petition
penalty
Rule 12A
Section 30(a)
Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1361 of 2026
                 ======================================================
                 Guddu Khan Son of Kamsuddin, Resident of Village- Parewa, Ward No. 17,
                 Police Station- Raxaul, District- East Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary Prohibition and Excise Department
                 Government of Bihar Patna.
           2.    The Director General of Police Bihar Patna.
           3.    The Commissioner of Excise, Bihar Patna.
           4.    The Collector cum District Magistrate, East Champaran.
           5.    The Superintendent of Police, East Champaran.
           6.    The Superintendent of Excise, Raxaul, East Champaran.
           7.    The SHO/Officer-in-Charge, Excise Police Station, Motihari, East
                 Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Sarvesh Kashyap, Advocate
                 For the Respondent/s   :          Mr. Birju Prasad, GP-13
                                                   Ms. Shweta Anand, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   23-03-2026             The present writ petition has been filed for release of

                   three    wheeler         Toto    vehicle    bearing    Registration    No.

                   BR05RA4203, Chassis No. M38SEADB25F002875 and Engine

                   No. 01223, which has been seized in connection with East

                   Champaran Excise P.S. Case No. 1805 of 2025 dated

                   03.10.2025, registered under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018 on account of
         Patna High Court CWJC No.1361 of 2026(4) dt.23-03-2026
                                                     2/2




                   recovery of 18 litres of illicit can beer.

                   2.       At the outset, the Ld. Counsel for the petitioner seeks

                   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 three wheeler Toto vehicle 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/-

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