Patna High Court

Manohar RaiversusThe 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 of the Rules, 2023 and disposed of the writ petition.

Summary

Manohar Rai filed a writ petition seeking the release of his truck, seized by Siwan Excise officials in connection with the recovery of 820,800 litres of illicit foreign liquor. The seizure was made under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022 against accused Randhir Kumar and the truck owner. The petitioner’s counsel 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 penalty. The State had no objection to this procedural request. The Court, after considering the facts, granted the petitioner liberty to file the Rule‑12A petition within three weeks and directed the District Magistrate to decide it within four weeks, thereby disposing of the writ petition.

Issues considered

The seizure of the truck under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022 is lawful.
Whether the petitioner is entitled to be granted liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized vehicle.

Subjects

seizure
illicit liquor
excise law
writ petition
release of vehicle
procedural liberty

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1452 of 2026
                 ======================================================
                 Manohar Rai Son of Janakdhari Rai, Resident of Village and Post-
                 Raghunathpur, Baya Dih, P.S.- Saraiya, District- Muzaffarpur, At present
                 Address- R/o Village/ Mohalla- Godshed Road, Rail Line, Ward No.- 5,
                 Bardwan Sadar, P.S.- Bardwan, District- Bardwan (West Bengal).

                                                                            ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Principle Secretary, Registration, Excise and
                 Prohibition Department, Government of Bihar, Patna.
           2.    The Principle Secretary, Registration, Excise and Prohibition Department,
                 Government of Bihar, Patna.
           3.    The Collector- Cum- District Magistrate, Siwan.
           4.    The Superintendent of Police, Siwan.
           5.    The Superintendent of Excise, Siwan.

                                                                          ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Hemant Ray, Advocate
                 For the Respondent/s   :     Mr. Sunil Kumar Mandal, SC3
                                              Ms. Neelam Kumari, AC to SC3
                 ======================================================
                 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 truck of the petitioner bearing Registration

                   No. WB23C7277, Chassis No. MAT448033D1B02038, and

                   Engine No. 31863313519, which has been seized in

                   connection with Siwan Excise P.S. Sadar Case No. 545 of

                   2025, registered under Sections 30(a) and 32(3) of the Bihar
Patna High Court CWJC No.1452 of 2026(2) dt.02-02-2026
                                            2/3




          Prohibition & Excise (Amendment) Act, 2022 against the

          accused Randhir Kumar and the owner of the truck on

          account of recovery of 820.800 litres of illicit foreign liquor

          from the said truck.

                      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 truck in question 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 and in case such a petition is filed within a period of

          three weeks from today, the District Magistrate, Siwan/ his

          authorized officer shall consider the same on merit and pass

          a reasoned and speaking order in accordance with law

          within a period of four weeks, thereafter.
            Patna High Court CWJC No.1452 of 2026(2) dt.02-02-2026
                                                        3/3




                                  5. Accordingly, the present petition stands

                      disposed of.


                                             (Mohit Kumar Shah, J)


                                              (Alok Kumar Pandey, J)
alok/k.c.jha-

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