Kumod KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1486 of 2026
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                 Kumod Kumar Son of Bhagrit Rai, Resident of Village- Narkatiya, Police
                 Station- Darpa, District- East Champaran.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Principal Secretary, Department of Excise,
                 Government of Bihar at Patna.
           2.    The District Magistrate, East Champaran, Bihar.
           3.    The Superintendent of Police, East Champaran, Bihar.
           4.    The S.H.O, Govindganj Police Station, Govindganj, East Champaran.
           5.    The Investigating Officer of Govindganj P.S. Case No.- 224 of 2025, Darpa
                 Police Station, East Champaran.
           6.    The S.H.O, Darpa Police Station, East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Rajeev Ranjan, Advocate
                                                Mr. Neeraj Prasad Sinha, Advocate
                 For the Respondent/s    :      Mr. Divit Vinod, AC to SC 26
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                 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.

                   BR05AU8432, Chassis No. ME4JC83EFNG053131, and Engine

                   No. JC83EG3158669, which has been seized in connection with

                   Darpa P.S. Case No. 224 of 2025, registered under Sections 274,

                   275, 317(5), 3(5) of the BNS, 2023 and Section 30(a) of the Bihar

                   Prohibition & Excise Act, 2016 against the accused Kumod Kumar

                   and others on account of recovery of 30 litres of illicit country

                   made liquor.
            Patna High Court CWJC No.1486 of 2026(2) dt.02-02-2026
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                                   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 motorcycle 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, East Champaran at Motihari/ his authorized

                      officer shall consider the same on merit and pass a reasoned and a

                      speaking order in accordance 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)
alok/k.c.jha-

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