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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

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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