Created by Fuzzy Cloud

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
                                           2/6




        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
                                           3/6




                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
                                           4/6




                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
Patna High Court CWJC No.1606 of 2026 dt.16-03-2026
                                           5/6




        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
                                                         6/6




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.