Patna High Court
Krishna Murari JeeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court declined to order the release of the vehicle, but granted the petitioner liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, and disposed of the present petition.
Summary
Petitioner Krishna Murari Jee filed a writ petition seeking the release of his goods‑carrying tempo, which had been seized by police in connection with an excise case involving illicit liquor. The petitioner asserted that the vehicle, though bearing a different registration number, was stolen on 27‑12‑2025 and he had lodged an FIR under Section 303(2) of the Bharatiya Nyaya Sanhita. Consequently, he claimed no involvement in the excise offence and sought a court order directing the respondents to release the vehicle. The High Court held that it could not directly order the release but granted the petitioner liberty to file a petition before the Collector under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, within two weeks. The Court directed the Collector to consider the petition on merit and disposed of the present writ petition.
Issues considered
- Whether a vehicle seized under the Bihar Prohibition & Excise Act, 2016 can be released when the owner proves it was stolen and he has no participation in the alleged excise offence.
- Whether the High Court can directly direct the release of the seized vehicle or must the petitioner approach the Collector under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
- Whether the writ petition is maintainable under the High Court's civil writ jurisdiction.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 303(2)
Subjects
- vehicle seizure
- stolen vehicle
- excise law
- illicit liquor
- Rule 12A
- release of seized property
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1400 of 2026
======================================================
Krishna Murari Jee son of Shree Ram Padarath Singh, resident of Mahavir
Colony, Road No.- 11, Police Station- Beur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Excise Department, Bihar,
Patna, P.S.- Secretariate, District- Patna.
2. The District Collector, Collectorate office at Hajipur, Vaishali, P.S.- Hajipur,
District- Vaishali (Bihar).
3. The Superintendent of Police, Vaishali, at Hajipur, P.S.-Hajipur, District-
Vaishali (Bihar).
4. The Deputy Superintendent of police, Hajipur, at Vaishali P.S.- Hajipur,
District Vaishali (Bihar).
5. The officer-in-charge, Bidupur Police Station, District-Vaishali at Hajipur.
(Bihar)
6. The Superintendent of Police, Patna Town, P.S.- Gandhi Maidan (Patna),
District- Patna (Bihar).
7. The officer-in-charge, Beur (Patna) Police Station, District Patna (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Nayan, Advocate
For the Respondent/s : Smt. Anuradha Singh, SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 02-02-2026 The present petition has been filed for commanding
and directing the respondents to release the goods-carrying
tempo bearing Registration No. BR01GN6172, Chassis No.
MD2B25BX9RWA07658 and Engine No. AZXWRA27740,
which was seized in connection with Bidupur P.S. Case No.
09 of 2026 dated 04.01.2026, registered under Sections 274
Patna High Court CWJC No.1400 of 2026(2) dt.02-02-2026
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and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section
30(a) of the Bihar Prohibition & Excise Act, 2016 (hereinafter
referred to as the “Act, 2016), against the driver and owner of
Vehicle No. BR31PD5892.
2. Learned counsel for the petitioner submits that
the aforesaid vehicle, which belongs to the petitioner was
stolen on 27.12.2025, pursuant to which the petitioner lodged
an FIR bearing Beur P.S. Case No. 784 of 2025 on 27.12.2025
itself, under Section 303(2) of the Bharatiya Nyaya Sanhita,
2023. It is further submitted that subsequently it transpired
that the petitioner’s vehicle, though bearing a different
registration number, i.e. BR31PD5892, but having the same
chassis number and engine number, was seized by the police
in connection with Bidupur P.S. Case No. 09 of 2026, upon
recovery of 600 litres of country-made liquor from the said
vehicle.
3. It is thus submitted that the petitioner has no
connection with the excise case in question and apparently,
after the vehicle of the petitioner was stolen by unknown
accused persons, the same was used for transporting illicit
liquor, during the course whereof, the same was seized by the
Patna High Court CWJC No.1400 of 2026(2) dt.02-02-2026
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police, leading to institution of Bidupur P.S. Case No. 09 of
2026.
4. At this juncture, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to file
appropriate petition before the learned Collector, Vaishali at
Hajipur/ his authorized officer under Rule 12A of the Bihar
Prohibition and Excise (Amendment) Rules, 2023 (hereinafter
referred to as the “Rules, 2023”) for release of the vehicle in
question, annexing such judgments which have been passed
by the Hon’ble Patna High Court pertaining to cases wherein
directions have been issued to release vehicles which have
though been seized in connection with FIR lodged under the
provisions of Act, 2016 but are such vehicles which had been
stolen and the owner of the same is not having any
involvement in the occurrence. Liberty so sought is granted.
7. It is needless to say that in case appropriate
petition is filed by the petitioner under Rule 12A of the Rules,
2023 within a period of two weeks from today, the learned
Collector, Vaishali at Hajipur/ his authorized officer shall
consider the same on merit, shall also take into account the
fact that the vehicle of the petitioner was seized in connection
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with case lodged under the provisions of Act, 2016, after the
petitioner had already lodged an FIR regarding theft of his
vehicle and pass a reasoned and a speaking order in
accordance with law within a period of four weeks, thereafter.
9. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
Nilmani/-
U
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