Paras KumarversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No. 20955 of 2025
     ======================================================
     Paras Kumar Son Of Ram Daresh Rai, Resident Of Village- Gohi Tara,
     Bishunpur, P.S.- Warisnagar, District- Samastipur, Pin Code- 848133 (Bihar).
                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar Through The Principal Secretary, Registration, Excise
     and Prohibition Department, Government Of Bihar, Patna.
2.   The Principal Secretary, Registration, Excise and Prohibition Department,
     Government Of Bihar, Patna
3.   The Excise Additional Chief Secretary, Registration, Excise and Prohibition
     Department, Government Of Bihar, Patna.
4.   The District Magistrate, Samastipur, District- Samastipur (Bihar).
5.   The Senior Deputy Collector, Samastipur, District Samastipur (Bihar).
6.   The Superintendent Of Excise, Samastipur, District Samastipur (Bihar)
7.   The Superintendent Of Police, Samastipur, District Samastipur (Bihar).
8.   The Station House Officer, Kalyanpur Police Station, Samastipur, District
     Samastipur (Bihar).
9.    The Investigating Officer Of Kalyanpur Police Station Case No. 03 Of 2023,
      District Samastipur (Bihar).
                                                              ... ... Respondent/s
     ======================================================
     Appearance:
     For the Petitioner/s   :      Ms. Anu Priyadarshni, Advocate
     For the Respondent/s   :      Mr. Government Pleader (24)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
               and
               HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date: 16-02-2026

              The present writ petition has been filed for directing the

      respondent-authorities to release the Tata Motors Yodha 1200

      Pick-up vehicle bearing Registration No. BR33GB-1966,
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         Engine No. VARICOR12JZXJ05377, Chassis No. MAT464663

         LSJ05526 seized in connection with Kalyanpur P.S. Case No. 03

         of 2023. The Petitioner has also prayed for quashing of the order

         dt. 09.9.2025 passed by the Ld. Presiding Officer (Excise)- cum-

         Senior Deputy Collector, Samastipur in Confiscation (Excise)

         Case No. 15 of 2023-24 whereby and whereunder it has been

         directed that the petitioner shall deposit 50% of the assessed

         market value of the vehicle in question, to be assessed by the

         Motor Vehicle Inspector, Samastipur as also pay 3% amount as

         maintenance cost for the purposes of release of the vehicle in

         question.

                 2. The brief facts of the case are that Kalyanpur P.S. Case

         No. 03 of 2023 dated 04.01.2023 was registered under Sections

         30(a), 32(2), 32(3), 36 and 41(1) of the Bihar Prohibition and

         Excise Act, 2016 (hereinafter referred to as the 'Act, 2016') and

         under Sections 420, 471 and 120-B of the Indian Penal Code

         against the petitioner and others on account of recovery of 1.125

         liters of illicit liquor from the aforesaid vehicle in question.

                 3. The learned counsel for the petitioner submits that

         meager quantity of 1.125 liters of illicit liquor has been

         recovered from the vehicle in question, however a bare perusal

         of the order dated 09.09.2025 would show that excessive penalty
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         has been imposed, thus the same defeats the provisions as

         contained in the Act, 2016 for release of the vehicle in question.

         It is submitted that the vehicle was found carrying 1.125 liters of

         illicit liquor which is not a huge quantity, hence a sympathetic

         view be taken and the amount assessed as penalty be reduced.

                 4. Per contra, the learned counsel for the respondent-State

         has submitted that the petitioner was caught along with the

         vehicle in question on account of carrying 1.125 liters of illicit

         liquor, hence the vehicle in question has rightly been seized as

         also appropriate penalty for release of the same has been levied

         by the competent authority which in any view of the matter

         cannot be said to be excessive.

                 5. We have considered the rival submissions advanced by

         the learned counsels for the parties. We find from a bare perusal

         of the counter affidavit filed by the respondents that there is no

         material on record to suggest that the aforesaid vehicle in

         question was in regular use for transportation of liquor or the

         petitioner is a habitual offender.

                 6. We have also gone through the various provisions of

         law, both as contained in the Act, 2016 as also Rule 12(A) of the

         Bihar Prohibition and Excise (Amendment) Rules, 2023

         (hereinafter referred to as the "Rules, 2023") from which it is
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         apparent that while imposing penalty, the quantity of intoxicant

         recovered as also the insurance value of the vehicle is required

         to be considered and in case where vehicle is either undervalued

         or insured value is not available, valuation is required to be done

         by the District Transport Officer, however in the present case,

         we find that there is no whisper in the impugned order dated

         09.09.2025, either about the insured value of the vehicle in

         question being not available or the vehicle being undervalued,

         hence the direction to assess the value of the vehicle in question

         by the Motor Vehicle Inspector, Samastipur is patently illegal.

         Even Rule 12A(4) of the Bihar Prohibition and Excise

         (Amendment) Rules, 2022 (hereinafter referred to as the "Rules,

         2022") provides that while imposing fine, the Collector or the

         officer authorized by him shall have due regard to the economic

         status of the individual, nature of his involvement in the crime

         and the quantum of intoxicant recovered, however in the present

         case we do not find that such exercise has been done by the Ld.

         Presiding      Officer     (Excise)-cum-Senior   Deputy   Collector,

         Samastipur while passing the impugned order dated 09.09.2025

         in Confiscation (Excise) Case No. 15 of 2023-24.

                 7. Having considered the facts and circumstances of the

         case as also taking into account the fact that meager quantity of
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         1.125 liters of illicit liquor has been recovered, which is also one

         of the factors, required to be considered while imposing penalty

         for release of the vehicle, as has been provided under Rule

         12A(2) of the Rules, 2023 and Rule 12A(4) of the Rules, 2022,

         we are of the view that the penalty imposed by the learned

         Presiding Officer (Excise), Samastipur is excessive, exorbitant

         and unreasonable, hence the order dated 09.09.2025, passed in

         Excise Case No. 15 of 2023-24 is quashed, especially in view of

         the fact that additional 3% penalty on the head of maintenance

         of vehicle is also patently illegal, since the confiscating

         authority under the provisions contained in the Act, 2016, as

         amended upto date, has no power to impose an additional 3%

         penalty over and above the penalty amount, inasmuch as no

         penalty can be imposed over and above what has been

         sanctioned by law. Nonetheless, we are of the considered view

         that Rs. 10,000/- (Ten Thousand) by way of penalty would a

         reasonable amount. Accordingly, we direct that in case the

         aforesaid sum of Rs. 10,000/- is deposited by the petitioner

         before the competent authority within a period of two weeks

         from today, the vehicle in question shall be released by the

         competent authority in favor of the petitioner, after being

         satisfied with the documents relating to ownership of the vehicle
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                      in question, within a period of one week, thereafter.

                              8. The writ petition stands allowed to the aforesaid extent.



                                               (Mohit Kumar Shah, J)


                                                (Sunil Dutta Mishra, J)

Rakhi/-
AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          18.02.2026
Transmission Date       NA