Patna High Court
Jagpal @ Jagpal MalikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an application under Rule 12A of the Rules, 2023, and directed the Collector to pass a reasoned order within four weeks.
Summary
The petitioner, Jagpal Malik, sought a court order directing the State of Bihar to release his seized vehicle, which was impounded following the recovery of 140.250 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner requested liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, before the Collector of Gopalganj. The respondents, representing the State, did not oppose the petitioner's request but indicated that any such application would be considered and disposed of within a fixed time if the confiscation proceedings were not yet concluded. The Court, after examining the facts, granted the petitioner liberty to file the Rule 12A application within two weeks and directed the Collector to issue a reasoned order within four weeks thereafter. Consequently, the petition was disposed on these terms, without ordering immediate release of the vehicle.
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 vehicle.
- Whether the court can direct the respondent authorities to pass a reasoned order within a stipulated time frame.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- vehicle seizure
- illicit liquor
- prohibition law
- Rule 12A
- writ jurisdiction
- procedural liberty
- release of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20802 of 2025
======================================================
Jagpal @ Jagpal Malik Son of Hosiyar @ Hoshiyara, Resident of village-
Sadaktal @ Saragthal, P.S.- Gohana, Distt.- Sonipat, State - Haryana.
... ... 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 Kuchaikot P.S., District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Raj, Advocate
For the Respondent/s : Mr. Additional Advocate General (13), APP
======================================================
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 petition has been filed for directing the
respondent to release the vehicle of the petitioner bearing
Registration No. HR46F0534, Chassis No.
MAT828024N2D09472 and Engine No.
B67B6A300D02122D64211168, which has been seized on
account of recovery of 140.250 litres of illicit liquor leading
to registration of Gopalganj (Kuchaikot) P.S. Case No.
5139008250536 of 2025 dated 04.12.2025 under Section
30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.20802 of 2025(2) dt.12-01-2026
2/3
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’), before the learned Collector,
Gopalganj.
3. Learned counsel for the respondent-State submits
that though he has got no objection to the aforesaid
submissions made by the learned counsel for the petitioner,
however, in case appropriate petition is filed by the petitioner
under Rule 12A of the Rule, 2023, the same would definitely
be considered in accordance with law and disposed off 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 from today, the learned Collector,
Gopalganj, shall pass a reasoned and speaking order in
accordance with law within a period of four weeks thereafter.
5. Accordingly, the present petition stands disposed
Patna High Court CWJC No.20802 of 2025(2) dt.12-01-2026
3/3
off on the aforesaid terms.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
shivam/-
U T
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