Patna High Court
Surjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner should be granted liberty to file a petition under Rule 12A of the 2023 Rules, and the writ petition was disposed of on that basis.
Summary
The petitioner, Surjeet Kumar, filed a writ petition seeking the release of his truck container (Reg. No. HP63F0195) seized by Bihar excise authorities for allegedly transporting 4006.44 litres of illicit foreign liquor, an offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that the vehicle was rented to a driver and he was not personally involved in the contravention, and requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release upon payment of penalty. The State respondents had no objection to this approach and indicated that the petition, if filed, would be considered and disposed of within a fixed time, provided confiscation proceedings were not concluded. The Court, after considering the facts, granted the petitioner liberty to file the Rule‑12A petition before the Collector of Gopalganj within three weeks and directed the Collector to pass a reasoned order within four weeks. Consequently, the writ petition was disposed of on these terms.
Issues considered
- Whether the High Court can directly order the release of a vehicle seized under the Bihar Prohibition and Excise Act, 2016, or must the petitioner first pursue relief under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32
Subjects
- seizure
- illicit liquor
- excise law
- writ petition
- Rule 12A
- vehicle release
- provisional relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20997 of 2025
======================================================
Surjeet Kumar Son of Late Kundan Sain, Resident of Village- Katedi, P.S.-
Rohru, Distt-Shimla, State- Himachal Pradesh.
... ... 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 Excise P.S., District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Raj, Advocate
For the State : Mr. Jitendra Kumar Roy-1, SC-13
Mrs. Usha Kumari Singh, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 19-01-2026 The present writ petition has been filed for
directing the respondents authorities to release Truck
Container bearing Registration No. HP63F0195, Engine
No. 5LNGDICR34FWX515777 and Chasis No.
MAT790009P7F12221 which has been seized on
account of recovery of illicit liquor in connection with
Gopalganj Excise P.S. Case No. 805 of 2025 dated
04.12.2025, registered under Sections 30(a) and 32 of
the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.20997 of 2025(2) dt.19-01-2026
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
4006.440 litres of illicit foreign liquor was recovered,
however the actual fact is that the petitioner had given
the truck on rent to a driver and it is during the course
thereof that the police had seized the truck container
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) for release
of the said vehicle upon payment of penalty.
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 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
Patna High Court CWJC No.20997 of 2025(2) dt.19-01-2026
3/3
the petitioner to file appropriate petition under Rule
12A of the Rules, 2023, and in case such a petition is
filed before the learned Collector, Gopalganj within a
period of three weeks from today, he 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 off
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
S.Sb/-
U
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