Patna High Court

Ranjan KumarversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court held that the writ petition is disposed, granting the petitioner liberty to seek release of the seized motorcycle by filing an application under Rule 12A and complying with the penalty provisions.

Summary

The petitioner, Ranjan Kumar, filed a writ petition seeking the release of a seized Splendor motorcycle that was confiscated under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016 in connection with the recovery of illicit liquor. The seizure was effected by various excise and police officials of Nawada district. The petitioner requested liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The Court granted this liberty, directing the petitioner to file the application within two weeks and the authority to dispose of it within four weeks. Consequently, the writ petition was disposed of by the Court.

Issues considered

Whether the petitioner is entitled to the release of the seized motorcycle upon filing an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 and payment of the prescribed penalty.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47

Subjects

seizure
motorcycle
excise law
writ petition
Rule 12A
penalty
Bihar
release of property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.21039 of 2025
                 ======================================================
                 Ranjan Kumar son of Bhuneshwar Yadav, resident of village- Pawapuri,
                 Gobraiya, Police Station- Kawakol and District- Nawada.

                                                                              ... ... Petitioner/s

                                                   Versus


           1.    The State of Bihar through the Principal Secretary, Registration, Excise and
                 Prohibition Department, Government of Bihar, Patna.
           2.    The District Magistrate-cum- Collector, Nawada.
           3.    The Superintendent of Police, Nawada.
           4.    The Excise Superintendent, Nawada.
           5.    The Officer-in-charge, Excise (Pakaribarawan) Police Station, District-
                 Nawada.
           6.    The Investigating Officer of Excise (Pakaribarawan) P.S. Case No.- 141 of
                 2025, District- Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Nilendu Kumar Choudhary, Advocate
                 For the Respondent/s   :      Mr. Sunil Kumar Mandal, SC-3
                                               Mr. Arjun Mandal, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   20-04-2026                   At the inception, the learned counsel for the

                   respondents seeks to file the requisite counter affidavit, copy

                   whereof has already been filed online.

                                 02. Let the same be kept on record.
Patna High Court CWJC No.21039 of 2025(3) dt.20-04-2026
                                           2/3




                      03. The present writ petition has been filed for release

          of a Splendor motorcycle bearing Registration No. BR-27V-

          5869, Chassis No. MBLHAW229RHJ00923, Engine No.

          HA11E7RHJ02720 which has been seized in connection with

          Excise (Pakaribarawan) P.S. Case No. 141 of 2025, registered

          under Sections 30(a) and 47 of the Bihar Prohibition and Excise

          Act, 2016 (as amended up-to-date) (hereinafter referred to as

          'the Act, 2016') on account of recovery of 18 liters of illicit India

          made foreign liquor.

                      04. At the outset, the learned counsel for the petitioner

          seeks liberty on behalf of the petitioner to file appropriate

          application under Rule 12A of the Bihar Prohibition and Excise)

          (Amendment) Rules, 2023 (hereinafter referred to as 'the Rules,

          2023') for the purposes of release of the aforesaid motorcycle on

          payment of penalty.

                      05. Liberty so sought is granted.

                      06. It is needless to say in case appropriate application

          is filed by the petitioner under Rule 12A of Rules, 2023 before

          the appropriate authority/the Collector, Nawada, within a period

          of two weeks from today, the same shall be considered in

          accordance with law and disposed of within a period of four

          weeks, thereafter.
            Patna High Court CWJC No.21039 of 2025(3) dt.20-04-2026
                                                       3/3




                                  07. The writ petition stands disposed of.



                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)

    DKS/-

U

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