Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted the petitioner liberty to file an FIR for the missing seized articles and disposed of the writ petition.
Summary
Petitioner Arun Kumar filed a writ petition seeking a mandamus directing the excise authorities to release seized property, alleging it was not related to liquor recovery and that he had no nexus with the alleged offence. He also requested verification of ownership documents and the handover of possession. The petition also sought liberty to file an FIR for missing articles that were not released. The court noted that while some seized articles had been released, others were missing, and consequently granted the petitioner liberty to lodge an FIR for the missing items. The writ petition was thereafter disposed of without granting the broader mandamus relief.
Issues considered
- Whether a writ of mandamus can be issued directing the excise authorities to release property seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner is entitled to liberty to file an FIR for missing seized articles.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- writ of mandamus
- seizure
- excise law
- property release
- FIR
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20999 of 2025
======================================================
Arun Kumar Son of Mahendra Paswan, Resident of Kako, P.S.-Kako, Dist-
Jahanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Jahanabad.
4. The Superintendent of Police, Jahanabad.
5. The Excise Superintendent, Jahanabad.
6. The Station House Officer, Excise P.S., Jahanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Shankar Choubey, Advocate
For the Respondent/s : Mr. Sanjay Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 20-04-2026 The present writ petition has been filed seeking the
following relief(s):-
"i. For issuance of a Writ of Mandamus
directing and commanding the respondents
authorities to immediately release and hand
over the petitioner's properties seized in
connection with Jahanabad Excise P.S. Case
No. 765/2025 dated 01.12.2025, as the same
do not pertain to liquor recovery and the
petitioner has no nexus with allege offence
or accused Pankaj Kumar.
ii. For issuance of a Writ of Mandamus to
Patna High Court CWJC No.20999 of 2025(4) dt.20-04-2026
2/2
direct the authorities to direct the
respondents to verify ownership papers and
hand over possession forthwith within a time
bound period.
iii. For any other relief or reliefs to the
petitioner is entitle for."
02. At the outset, the learned counsel for the
petitioner submits that several articles which were seized in
connection with Excise P.S. Jehanabad Case No. 765 of 2025,
dated 01.12.2025 under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016 (as amended up-to-date) have though
stood released, however some of the articles are missing, hence
the same could not be released in favour of the petitioner. Thus,
it is the submission of the learned counsel for the petitioner that
the petitioner be granted liberty to file appropriate FIR for the
missing articles. Liberty so sought is granted.
03. The writ petition stands disposed of.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
DKS/-
U
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