Patna High Court

Sugi DeviversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The Court granted liberty to the petitioner to file a Rule‑12A application within four weeks and ordered the writ petition disposed.

Summary

The petitioner, Sugi Devi, filed a writ petition seeking the release of her Honda SP 125 motorcycle seized during a raid that recovered 15.800 litres of illicit liquor, leading to a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She requested liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release upon payment of a penalty. The State’s counsel indicated no objection to such an application, noting that confiscation proceedings were at an early stage. The Court, after considering the facts, granted the petitioner liberty to file the Rule‑12A application within four weeks and directed that the application be decided on merits within another four weeks. Consequently, the writ petition was disposed of on these terms.

Issues considered

Whether the petitioner is entitled to liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized motorcycle upon payment of penalty

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

seizure
motor vehicle
prohibition and excise
writ petition
release
penalty
Rule 12A
administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1859 of 2026
                 ======================================================
                 Sugi Devi W/o Baijnath Yadav, Resident of P.S.-Bishambharpur, District-
                 Gopalganj 841501.


                                                                              ... ... Petitioner
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Bihar Prohibition and
                 Excise Department, Bihar, Patna.
           2.    The District Magistrate, Gopalganj.
           3.    The Superintendent of Police, Gopalganj.
           4.    The Officer in Charge of Prohibition and Excise P.S. Bishambharpur,
                 District-Gopalganj.


                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Adesh Raj, Adv.
                 For the State         :      Mr. Ajay Behari Sinha, G.A. 8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026                  The present writ petition has been filed for directing

                   the respondent authorities to release Honda SP 125 Motorcycle

                   of the petitioner bearing Registration No. BR28AE8007,

                   Chassis       No.   ME4JC942GRD142558             and      Engine      No.

                   JC94ED2003159, which has been seized on account of recovery

                   of 15.800 litres of illicit liquor leading to registration of

                   Bishambharpur P.S. Case No. 174 of 2025 dated 08.08.2025

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2016 against Souchindra Singh, Indrajeet and Ritanjay Kumar
Patna High Court CWJC No.1859 of 2026(2) dt.23-02-2026
                                            2/3




          Yadav (son of the petitioner).

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

          seeks liberty on behalf of the petitioner to file appropriate

          application 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 upon payment of

          penalty.

                      3. The learned senior counsel for the respondent-State

          submits that the confiscation proceedings are at the initial stage,

          hence he has got no objection in case appropriate application is

          filed under Rule 12 A of the Rules, 2023 for release of the

          vehicle upon payment of penalty and in case such an application

          is filed by the petitioner, the same would definitely be

          considered on merits and in accordance with law expeditiously.

                      4. Having regard to the facts and circumstances of the

          case, we deem it fit and proper to grant liberty to the petitioner

          to file appropriate petition under Rule 12A of the Rules, 2023

          and in case such a petition is filed within a period of four weeks

          from today before the competent authority/ authorized officer,

          the same shall be considered on merits and a reasoned and

          speaking order shall be passed in accordance with law within a

          period of four weeks thereafter.
            Patna High Court CWJC No.1859 of 2026(2) dt.23-02-2026
                                                        3/3




                                    5. Accordingly, the present writ petition stands

                      disposed of on the aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                             ( Alok Kumar Pandey, J)

shahzad/-

U

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