Patna High Court

ChandaniversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The court granted liberty to the petitioner to file a petition under Rule 12A before the Collector and disposed of the writ petition.

Summary

Chandani, wife of Manoj Yadav, filed a writ petition seeking release of her motorcycle seized under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 in a case against her husband and Vishal Gupta. She requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle on payment of a penalty. The State had no objection to this request. The High Court held that it was appropriate to grant her liberty to file the Rule 12A petition before the Collector of Gopalganj within three weeks, and directed the Collector to decide the petition on merit within four weeks. Consequently, the writ petition was disposed.

Issues considered

Whether the petitioner is entitled to liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized motorcycle.
Whether the seizure under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 can be challenged through a writ petition.
Whether the court can direct the Collector to consider the petition and pass a reasoned order within a specified time.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

seizure
motor vehicle
writ petition
release on penalty
Rule 12A
Prohibition and Excise
administrative law
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1415 of 2026
                 ======================================================
                 Chandani Wife of Manoj Yadav, Resident of Village- Mishorli Koiladeva, P.S.

                 and District- Gopalganj.




                                                                    ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar through The Principal Secretary, Department of

                 Prohibition and Excise, Govt. of Bihar, Patna.
           2.    The District Magistrate, Gopalganj.
           3.    The Superintendent of Police, Gopalganj.
           4.    The Officer-in-Charge, Mirganj Police Station, Dist. Gopalganj.



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Dhramveer, Advocate

                 For the Respondent/s   :      Mr. Government Advocate (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   02-02-2026                   The present writ petition has been filed for release

                   of the motorcycle of the petitioner bearing Registration No.

                   UP52BZ5778, Chassis No. MD2B68BX0PPJ29349 and

                   Engine No. DHXPPJ66920, which has been seized in

                   connection with Mirganj P.S. Case No. 151 of 2025,
Patna High Court CWJC No.1415 of 2026(2) dt.02-02-2026
                                            2/3




          registered under Section 317(5) of the Bharatiya Nyaya

          Sanhita, 2023 and Section 30(a) of the Bihar Prohibition &

          Excise Act, 2016 against the accused Manoj Yadav

          (husband of the petitioner) and Vishal Gupta.

                      2. At the very outset, the learned counsel for the

          petitioner submits that the petitioner be granted liberty to

          file appropriate petition under Rule 12A of the Bihar

          Prohibition       and      Excise       (Amendment)   Rules,   2023

          (hereinafter referred to as “the Rules, 2023”) for release of

          the vehicle on payment of penalty.

                      3. Learned counsel for the respondent-State has no

          objection.

                      4. Having regard to the facts and circumstances of

          the case, it is deemed fit and proper to grant liberty to the

          petitioner to file a petition under Rule 12A of the Rules,

          2023 before the learned Collector, Gopalganj/ his

          authorized officer and in case such a petition is filed within

          a period of three weeks from today, the Collector,

          Gopalganj/ his authorized officer shall consider the same on

          merit and pass a reasoned and speaking order in accordance
            Patna High Court CWJC No.1415 of 2026(2) dt.02-02-2026
                                                        3/3




                      with law within a period of four weeks, thereafter.

                                  5. Accordingly, the present petition stands

                      disposed of.



                                             (Mohit Kumar Shah, J)


                                             ( Alok Kumar Pandey, J)

Nilmani/-

U

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