Patna High Court

IndrajeetversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The court held that the petitioner may obtain release of the seized vehicle only by filing a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, and therefore disposed the writ petition on that basis.

Summary

Indrajeet filed a writ petition seeking the release of a Mahindra Bolero pick‑up vehicle seized under Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged transport of illicit liquor. The Court examined whether the petitioner could obtain relief by filing a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023. It held that the appropriate remedy is to approach the Collector/Authorized Officer with a petition under the said rule and to pay the prescribed penalty. The Court directed that the petition under Rule 12A be filed within three weeks and that the authority pass a reasoned order within four weeks. Accordingly, the writ petition was disposed subject to the petitioner complying with the procedural requirement.

Issues considered

Whether the petitioner is entitled to the release of the seized vehicle under the applicable statutes.
Whether filing a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 is the proper remedy for release of the vehicle.
Whether the court can direct the Collector/Authorized Officer to consider the petition and pass a reasoned order within a specified time.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

seizure of vehicle
illicit liquor
prohibition law
release of seized property
Rule 12A
civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16850 of 2025
                 ======================================================
                 Indrajeet Son of Jagat Vishwkarma, Resident of Village- Mahuawa Khurd,
                 P.S.- Kushinagar, Distt- Kushinagar, State- Uttar Pradesh.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary Excise, Prohibition and
                 Registration Department, Government of Bihar, Patna.
           2.    The Deputy Secretary, Excise, Prohibition and Registration Department,
                 Government of Bihar, Patna.
           3.    The Collector, Gopalganj, District- Gopalganj.
           4.    The Superintendent of Police, Gopalganj.
           5.    The Sub Inspector Kuchaikote, District- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Priya Raj, Advocate
                 For the Respondent/s   :      Mr. Government Pleader 04
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   22-01-2026                 The present petition has been filed for release of

                   Mahindra Bolero Pick-up vehicle bearing Registration No.-

                   UP57AT9297, Chassis No. MA1ZU2TNKN1D38943 and

                   Engine No.- TNN1D56122 which has been seized in connection

                   with Kuchaikote P.S. Case No. 16 of 2025 dated 06.01.2025,

                   registered under Sections 317(5) and 3(5) of the Bhartiya Nyaya

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

                   Excise Act, 2016 against three persons on account of recovery

                   of 475.200 liters of illicit liquor from the said vehicle.
           Patna High Court CWJC No.16850 of 2025(3) dt.22-01-2026
                                                      2/2




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

                     seeks liberty on behalf of the petitioner to file a petition before

                     the concerned authority under Rule 12A of the Bihar Prohibition

                     and Excise (Amendment) Rules, 2023 (hereinafter referred to as

                     ‘the Rules, 2023’). Liberty, so sought, is granted.

                                 3. It is needless to state that in case appropriate

                     petition is filed under Section 12A of the Rules, 2023 for release

                     of vehicle upon payment of penalty before the learned Collector,

                     Gopalganj/Authorized Officer within a period of three weeks

                     from today, the learned Collector/Authorized Officer shall

                     consider the same in accordance with law and pass a reasoned

                     and a speaking order within a period of four weeks, thereafter.

                                 4. Accordingly, the present writ petition stands

                     disposed of on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-

U

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