Patna High Court
Brjesh Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 and ordered the Collector to pass a reasoned order within four weeks, disposing of the writ.
Summary
The petitioner, Brjesh Kumar Pandey, filed a writ petition seeking the release of his WagonR (Reg. No. BR01HV0594) seized by excise authorities during a raid that recovered 246.72 litres of illicit foreign liquor. He contended that the vehicle was rented to a driver at the time of seizure and therefore should not be confiscated. The petitioner requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023. The State responded that it would consider any such petition and dispose of it within a time frame if confiscation proceedings were not concluded. The Court, after examining the facts, granted the petitioner liberty to file the Rule‑12A petition within two weeks and directed the Collector of Gopalganj to pass a reasoned order within four weeks, thereby disposing of the writ.
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 release of the seized vehicle.
- Whether the seizure of the vehicle can be stayed pending the filing of such a petition.
Legislation cited
- B.N.S., 2023 — s. 317(5), 3(5)
Subjects
- vehicle seizure
- illicit liquor
- Bihar Prohibition and Excise Act
- Rule 12A
- writ petition
- release of property
- excise department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20751 of 2025
======================================================
Brjesh Kumar Pandey Son of Baliram Pandey, Resident of Village/Mohalla-
Parariya, Police Station-Muffsil, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, Patna
(Bihar).
2. The Commissioner Excise Department, Patna, Bihar.
3. The Commissioner Saran Division, Gopalganj, (Bihar).
4. The Collector cum District Magistrate, Gopalganj, (Bihar).
5. The Officer in Charge, Excise Police Station, Gopalganj, (Bihar).
6. District Transport Officer, Excise Department, Gopalganj, (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Adv
For the Respondent/s : Mr. Standing Counsel (01)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 12-01-2026 The present writ petition has been filed for directing
the respondents authorities to release WagonR bearing
Registration No. BR01HV0594, Engine No. K10CNC539229
and Chasis No. MA3JMTB1SRBA69855 which has been seized
on account of recovery of illicit liquor in connection with
Kateya P.S. Case No. 313 of 2025 dated 10.06.2025, registered
under Sections 317(5) and 3(5) of the B.N.S., 2023 and Sections
30(a) and 41(1) of the Bihar Prohibition and Excise Amendment
Act, 2016.
Patna High Court CWJC No.20751 of 2025(2) dt.12-01-2026
2/3
2. Learned counsel for the petitioner has submitted
that though the vehicle in question belongs to the petitioner and
it is alleged that from the said vehicle 246.72 litres of illicit
foreign liquor was recovered, however the actual fact is that he
had given the car on rent to a driver and it is during the course
thereof that the police had seized the vehicle with the illicit
foreign liquor. Nonetheless, it is submitted that the petitioner be
granted liberty to file appropriate petition under Rule 12A of the
Bihar Prohibition and Excise (Amendment) Rules, 2023
(hereinafter referred to as the Rules, 2023).
3. Learned counsel for the Respondents-State submits
that though he has got no objection to the aforesaid submission
made by the learned counsel for the petitioner, however in case
appropriate petition is filed by the petitioner under Rule 12A of
the Rules, 2023, the same shall definitely be considered in
accordance with law and disposed of within a stipulated time
frame as is fixed by this Court, in case the confiscation
proceedings have not been concluded.
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 two weeks
Patna High Court CWJC No.20751 of 2025(2) dt.12-01-2026
3/3
from today, the learned Collector, Gopalganj, shall pass a
reasoned and a speaking order in accordance with law within a
period of four weeks, thereafter.
5. Accordingly, the present writ stands disposed of on
the aforesaid terms.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
Jyoti/-
U
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