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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

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
                                            2/4




          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
            Patna High Court CWJC No.1400 of 2026(2) dt.02-02-2026
                                                        4/4




                      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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