Patna High Court

Anuj Sharma @ Anuj Kumar SharmaversusThe 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 petition under Rule 12A of the Rules, 2023 and disposed of the writ petition on that basis.

Summary

The petitioner, Anuj Sharma, filed a writ petition seeking the release of his seized Hero Splendor+ motorcycle, which was confiscated under the Bihar Prohibition and Excise Act, 2016 for alleged involvement in an illicit liquor case. He requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, seeking release of the vehicle upon payment of a penalty. The State of Bihar raised no objection to this request. The High Court, after considering the facts, granted the petitioner liberty to file the Rule 12A petition within four weeks before the Collector‑cum‑District Magistrate and directed that the petition, if filed, be decided on its 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 a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the release of a seized vehicle.
Whether the court can conditionally dispose of the writ petition pending filing of the Rule 12A petition.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32

Subjects

seizure
motor vehicle
excise law
writ petition
Rule 12A
penalty
release of property
procedural liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2002 of 2026
                 ======================================================
                 Anuj Sharma @ Anuj Kumar Sharma Son of Rajdev Sharma, Resident of
                 Village Mahammadpur, P.S. - Mahammadpur, District - Gopalganj.
                                                                                ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Registration, Excise and
                  Prohibition Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Registration, Excise and Prohibition Department,
                 Govt. of Bihar, Patna.
           3.    The Collector-cum-District Magistrate, Gopalganj
           4.    The Superintendent of Police, Gopalganj.
           5.    The S.H.O. Excise P.S., District - Gopalganj.
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Bijay Prakash Singh, Adv.
                 For the State          :        Mr. Kamlesh Kishore, AC to SC-12
                 ======================================================
                 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 release of

                   Hero      Splendor+      Motorcycle        bearing     Registration      No.

                   BR28AE1296, Chassis No. MBLHAW227RHB99714, Engine

                   No. HA11E8RHB87239 in favour of the petitioner, which has

                   been seized in connection with Gopalganj Excise P.S. Case No.

                   577 of 2025 dated 13.09.2025, registered under Sections 30(a)

                   and 32 of the Bihar Prohibition and Excise Act, 2016

                   (hereinafter referred to as "the Act, 2016") against the petitioner

                   who was caught on the spot and 13.800 litres of illicit liquor

                   was recovered.

                                2. At the outset, the learned counsel for the petitioner
            Patna High Court CWJC No.2002 of 2026(2) dt.23-02-2026
                                                        2/2




                      seeks liberty on behalf of the petitioner to file appropriate

                      petition 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 counsel for the respondent-State has

                      got no objection.

                                  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

                      before      the     learned       Collector-cum-District   Magistrate,

                      Gopalganj/ authorized officer, the same shall be considered on

                      merits and a reasoned and a speaking order shall be passed in

                      accordance with law within a period of four weeks thereafter.

                                  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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