Gautam KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Writ Jurisdiction Case No. 20968 of 2025
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                 Gautam Kumar, Son of Sambhu Paswan, Residing Ward No.- 7, Hichhaut
                 Amadih, P.S.- Sadar, District- Darbhanga.

                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Addl. Chief Secretary, Excise Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate cum Collector, Patna.
           3.    The Senior Superintendent of Police, Patna, District- Patna.
           4.    The Officer in-Charge, Beur Police Station, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance:
                 For the Petitioner/s   :      Mr. Ganesh Prasad Singh, Advocate
                 For the Respondent/s   :      Mr. K.P. Gupta, GP-10
                                               Ms. Deepanjali Gupta, AC to GP-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                                      and
                           HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                               ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   16-02-2026                   The present writ petition has been filed for directing

                   the respondent authorities to release XUV-500 vehicle of the

                   petitioner bearing Registration No. BR01PB6149, Chassis No.

                   MA1YL2HJUC6J80891, Engine No. HJC4J14834 in favor of

                   the petitioner, which has been seized in connection with Beur

                   P.S. Case No 546 of 2025 dated 27.09.2025, registered under

                   Section 30(a)/32(2)(3) of the Bihar Prohibition and Excise Act,

                   2016 (hereinafter referred to as “Act, 2016”).
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                      2. The brief facts of the case are that upon receipt of a

          confidential information, raid was conducted at Maa Sitala

          Garage, situated 100 meters west of Beur More and huge

          quantity of illicit liquor was recovered from a Truck bearing

          Registration No. UP54T9354. It is also stated in the written

          report of the Sub-Inspector of Police, Beur Police Station, Patna

          that from the said garage, other vehicles including the vehicle of

          the petitioner were also seized, however, no liquor was

          recovered from the said vehicles.

                      3. The learned counsel for the petitioner has submitted

          that no illicit liquor has been recovered from the vehicle of the

          petitioner which was standing at Maa Shitala Garage near Beur

          More, hence the aforesaid vehicle could not have been seized

          under the provisions of Bihar Prohibition and Excise Act, 2016.

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

          State has though referred to the counter affidavit filed in the

          present case but it has not been denied that no illicit liquor has

          been recovered from the vehicle of the petitioner. Hence, it is

          submitted by the learned counsel for the respondent-State that

          this Court may pass appropriate orders.

                      5. Having regard to the facts and circumstances of the

          case, we find that since no illicit liquor has been recovered from
            Patna High Court CWJC No.20968 of 2025(3) dt.16-02-2026
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                      the vehicle of the petitioner, the provisions of the Act, 2016 are

                      not attracted and further no offence is made out thereunder,

                      consequently the vehicle in question could not have been seized.

                      In such view of the matter, we deem it fit and proper to direct

                      the Competent Authority/Authorized Officer to release the

                      vehicle of the petitioner within a period of one week of the date

                      of receipt/production of a copy of this order and upon being

                      satisfied with the ownership of the petitioner qua the aforesaid

                      vehicle in question.

                                  6. The writ petition stands allowed.



                                             (Mohit Kumar Shah, J)


                                              (Sunil Dutta Mishra, J)
utkarsh/-ritik/-

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