Patna High Court

Dharu Yadav @ Dharo Yadav @ Rishikesh KumarversusThe State of Bihar

Decided: 7 April 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court allowed the petitioner to file the Rule 12A application and stayed the confiscation proceedings until that application is disposed of.

Summary

Petitioner Dharu Yadav filed a writ petition seeking the release of a Mahindra Scorpio vehicle seized by the Excise Department in connection with a case for illicit beer. The Court granted the petitioner liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of penalty. The Court directed that the competent authority must consider the application within two weeks and issue a reasoned order within four weeks. Additionally, the Court stayed the confiscation proceedings pending disposal of the petitioner's application. The writ petition was consequently disposed of on these terms.

Issues considered

Whether the petitioner is entitled to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized vehicle.
Whether the confiscation proceedings initiated by the Assistant Commissioner (Prohibition) should be stayed pending the outcome of the petitioner's application.

Subjects

vehicle seizure
prohibition law
excise law
writ petition
Rule 12A
stay of confiscation

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No. 18943 of 2025
                 ======================================================
                 Dharu Yadav @ Dharo Yadav @ Rishikesh Kumar Son of Rajendra Yadav,
                 Resident of Village-Bahera, P.S.-Fatehpur, District-Gaya (Bihar).

                                                                                 ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar.
           2.    The Divisional Commissioner, Gaya.
           3.    Collector cum District Magistrate, Gaya.
           4.    The Superintendent of Police, Gaya.
           5.    The Investigating Officer, Fatehpur P.S. Gaya.
           6.    The S.H.O., Fatehpur, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Akash Shankar, Advocate
                                                  Mr. Raj Kumar, Advocate
                                                  Ms. Nausheen Fatma, Advocate
                                                  Ms. Archana Kushwaha, Advocate
                 For the Respondent/s    :        Mr.Addl. Advocate General (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

5   07-04-2026                      The present writ petition has been filed for release

                   of      Mahindra          Scorpio     vehicle     bearing        Registration

                   No.BRO1FZ9297,               Engine       No.YSP4A69844,               Chassis

                   No.MA1TA2YS2P2A15083,                  which     has     been     seized      in

                   connection with Fatehpur Excise P.S. Case No.304 of 2025,

                   registered under Sections 30(a) and 37 of the Bihar Prohibition
Patna High Court CWJC No. 18943 of 2025(5) dt.07-04-2026
                                            2/3




          and Excise Act, 2022 (amended) on account of recovery of 2.5

          litres of illicit can beer.

                           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 aforesaid vehicle in

          question upon payment of penalty. Liberty so sought is granted.

                           3. It is needless to state that in case appropriate

          application is filed by the petitioner under Rule 12A of the

          Rules, 2023 for release of the vehicle in question, within a

          period      of    two      weeks        from      today,     the   competent

          authority/authorised officer shall consider the same on merits

          and pass a reasoned and a speaking order in accordance with

          law within a period of four weeks, thereafter.

                           4. Nonetheless, it is directed that the confiscation

          proceedings        initiated     by     the      Assistant     Commissioner

          (Prohibition), Gaya Jee, vide Excise Confiscation Case No.529

          of 2025 shall not be proceeded with till the disposal of the

          application to be filed by the petitioner for release of the vehicle

          in question, in case the same is filed within a period of two

          weeks from today.
            Patna High Court CWJC No. 18943 of 2025(5) dt.07-04-2026
                                                        3/3




                                      5. Accordingly, the writ petition stands disposed

                      off on the aforesaid terms.


                                                      (Mohit Kumar Shah, J)


                                                       (Arun Kumar Jha, J)

kanchan/-

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