Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court directed release of the vehicle upon payment of a Rs 5,000 penalty, finding that a higher penalty would be disproportionate.
Summary
Arvind Kumar petitioned the Patna High Court for the release of his vehicle seized under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 after 800 ml of illicit foreign liquor was recovered from the driver. The State argued that confiscation proceedings were underway but admitted no specific allegation against the petitioner. The Court examined Rule 12A(2) of the 2023 Rules, which mandates a penalty based on the quantity of intoxicant, the owner's involvement and the insured value, and Rule 12A(4) of the 2022 Rules, which requires consideration of the owner's economic status. Relying on a prior decision (Rakesh Kumar Singh vs State of Bihar) that a 75% penalty is excessive absent proof of regular use, the Court held that a modest penalty of Rs 5,000 was appropriate. It ordered the vehicle to be released upon payment of the penalty within three weeks and submission of ownership documents, disposing the writ petition.
Issues considered
- Whether the petitioner is liable to pay a penalty for the release of the seized vehicle under Rule 12A of the Bihar Prohibition & Excise Rules
- What quantum of penalty is appropriate given the small quantity of liquor recovered and lack of evidence of the petitioner's involvement
Subjects
- Prohibition Act
- Vehicle seizure
- Penalty assessment
- Writ petition
- Article 226
- Confiscation
- Illicit liquor
- Rule 12A
- Proportionality
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 1606 of 2026
======================================================
Arvind Kumar Son of Hari Lal Gupta Resident of Mohalla- Nawabganj, P.S.-
Sadar, District- Hazaribagh (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Bihar Prohibition and
Excise Act, Government of Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Superintendent of Police, Aurangabad.
4. The Station House Officer, Madanpur Police Station, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra SC-16
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 16-03-2026
The present petition has been filed for directing the
respondent-authorities to release the Grand Vitara Smart Hybrid
Zeta vehicle bearing registration no. JH02BL2392, Engine No.
K15CN7094383, Chesis No. MBJTYKLISPB127425 in favour
of the petitioner which has been seized in connection with
Madanpur P.S. Case No. 404/2025 dated 08.11.2025, registered
under Section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022 (hereinafter referred to as “the Act,
Patna High Court CWJC No.1606 of 2026 dt.16-03-2026
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2022”), on account of recovery of 800 ml of illicit foreign liquor
from the driver of the said vehicle, namely Shankar Prasad.
02. The learned counsel for the petitioner submits that neither
the petitioner has been apprehended from the spot nor it is
alleged that the petitioner was involved in ferrying of illicit
liquor, hence a lenient view be taken and the vehicle in question
be directed to be released upon payment of reasonable amount
of penalty.
03. Per contra, the learned counsel for the respondents/State
submits that confiscation proceedings have already been started
by the learned Court of Deputy Collector, Land Reforms -cum-
Presiding Officer (Prohibition Court No. III), Aurangabad vide
Excise Confiscation Case No. 17 of 2026 and notices have been
issued to the petitioner on 14.02.2026. Nonetheless, the learned
counsel for the respondents/State has not denied the fact that
neither any specific allegation has been levelled against the
petitioner nor there is any material on record to suggest the
complicity of the petitioner in the alleged occurrence.
04. We have heard the learned counsel for the parties and
perused the materials on record. At this juncture, we would like
to reproduce Rule 12A (2) of the Rules, 2023 herein below:-
“Rule 12A (Release of Vehicles, Conveyance etc. on
Patna High Court CWJC No.1606 of 2026 dt.16-03-2026
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Payment of Penalty):-
"(2) The amount of penalty shall be as decided by the
Collector or the Officer authorized by him. While
imposing the penalty, he shall have due regard to the
quantity of intoxicant recovered, involvement of the
vehicle owner and the latest insurance value of the
vehicle. In no case, the penalty should be less than 10%
of the insured value of the vehicle and more than Rs. 5
lakhs. The insured value is the value of the vehicle as
assessed by the insurance company. Where, the insured
value is not available or the Collector or the Officer
authorized by him has reason to believe that the vehicle is
undervalued, he shall get the valuation done by the
District Transport Officer. In any case, the Collector
shall not wait beyond 15 days from the date of seizure
and if during this period, the accused/owner does not pay
up the penalty, he shall proceed with the confiscation/
auction."
05. A bare perusal of Rule 12A(2) of the Rules, 2023 would
show that while imposing penalty, the quantity of intoxicant
recovered is also required to be considered. Nonetheless, at this
juncture we would like to refer to an order dated 26.11.2025,
passed by a coordinate Bench of this Court in CWJC No.14928
of 2025 (Rakesh Kumar Singh vs. the State of Bihar & Ors),
wherein it has been held as under:-
"In absence of any specific ground that the vehicle was in
regular use for transportation of liquors or that the
Patna High Court CWJC No.1606 of 2026 dt.16-03-2026
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owner of the vehicle was found involved in transportation
of the liquors and/or there are multiple cases of similar
nature against the owner or the vehicle, imposition of the
penalty to the extent of 75 per cent of the insured value is
an onerous condition and it amounts to virtually creating
a situation where huge hardship may be caused to an
owner of the vehicle in getting release of the vehicle."
06. Yet another aspect of the matter is that Rule 12A(4) of the
Bihar Prohibition and Excise (Amendment) Rules, 2022
provides that while imposing fine, the Collector or the officer
authorized by him shall have due regard to the economic status
of the individual, nature of his involvement in the crime and the
quantum of intoxicant recovered.
07. Having considered the facts and circumstances of the case
as also taking into account the fact that meager quantity of 800
ml of illicit foreign liquor has been recovered from the driver of
the petitioner and no material has been brought in the counter
affidavit filed by the respondents to show that either the
petitioner/his vehicle was regularly involved in transportation of
illicit liquor or the petitioner is involved in multiple cases of
similar nature, much less there being any material on record to
suggest the complicity of the petitioner in the alleged
occurrence, which are also the factors required to be considered
while imposing penalty for release of the vehicle, as has been
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provided under Rule 12A(2) of the Rules, 2023 and Rule
12A(4) of the Rules, 2022, we are of the considered view that it
would be in the interest of justice and equitable, if the petitioner
is directed to pay a sum of Rs. 5,000/- by way of penalty for the
purposes of release of the vehicle in question.
08. At this juncture, the learned counsel for the petitioner
submits that he would be depositing a sum of Rs.5,000/- within
a period of three weeks from today and shall make available the
documents of ownership of the vehicle in question before the
competent authority.
09. In such view of the matter, we direct that in case the
aforesaid sum of Rs. 5,000/- is deposited before the competent
authority within a period of three weeks from today, the vehicle
in question shall be released in favor of the petitioner, after
being satisfied with the documents relating to ownership of the
vehicle within a period of one week, thereafter.
10. It is needless to state that the present order has been
passed by us while invoking the extraordinary jurisdiction under
Article 226 of the Constitution of India for the reason that
unnecessarily the petitioner shall be liable to be subjected to
various proceedings like the one under Rule 12A of the Rules,
2023, Section 57B, 58, 92 and 93 of the Bihar Prohibition and
Patna High Court CWJC No.1606 of 2026 dt.16-03-2026
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Excise Act, 2016, as amended upto date, for a meager recovery
of 800 ml of illicit foreign liquor, as also with a view to avoid
and prevent multiplicity of proceedings, in the interest of
justice.
11. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.03.2026
Transmission Date N/A
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