Anil PrasadversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 21063 of 2025
     ======================================================
     Anil Prasad Son of Sabhapati Prasad, Resident of Shilhauri, P.S.- Marhaura,
     District- Saran at Chapra.
                                                               ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through Principal Secretary, Department of Registration
      and Excise, Bihar, Patna.
2.    The Excise Commissioner, Bihar, Patna.
3.    The District Magistrate, Saran.
4.    The Superintendent of Police, Saran.
5.    The Sub Divisional Officer, Saran.
6.    That Station House Officer, Marhaura Police Station, District- Saran at
      Chapra.
                                                          ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dhananjay Kumar Tiwary, Advocate
     For the Respondent/s   :      Mr. Arvind Ujjwal, SC-04
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
               and
               HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

        Date: 16-03-2026

               The present writ petition has been filed for directing the

        respondents to release the four wheeler Ertiga vehicle of the

        petitioner bearing Registration No. BR01PJ9963, Engine No.

        D13A-5712139 and Chassis No. MA3FLEB1S00554000, in

        favour of the petitioner, which has been seized in connection

        with Marhaura P.S. Case No. 5123071250332 of 2025 dated

        16.05.2025, registered under Sections 281, 125(a) and 125(b) of
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          the Bharatiya Nyaya Sanhita, 2023 and Section 37 of the Bihar

          Prohibition and Excise Act, 2016 (hereinafter referred to as the

          'Act, 2016'), as amended up-to-date.

          02.     The learned counsel for the petitioner has at the outset

          submitted that no illicit liquor was recovered from the vehicle

          in question.

          03.     Per contra, the learned counsel for the State-respondents

          submits by referring to the counter affidavit filed in the present

          case that since admittedly no alcohol has been recovered from

          the seized vehicle, the respondent-officials have not initiated

          any confiscation proceedings qua the vehicle in question.

          04.     We have heard the learned counsel for the parties and we

          find from the records that though the vehicle in question may

          not be required to be seized under the provisions of the Act,

          2016 inasmuch as no illicit liquor has been seized from the

          vehicle in question, however a bare perusal of the FIR would

          show that the petitioner has also been booked for rash and

          negligent driving, in an inebriated state and for acting

          rashly/negligently, so as to endanger human life inasmuch as

          the petitioner by his vehicle had hit a motorcycle resulting in

          injuries to three persons, who were riding the said motorcycle,

          resulting in the aforesaid FIR being lodged against the
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          petitioner under Sections 281, 125(a) and 125(b) of the

          Bharatiya Nyaya Sanhita, 2023 and Section 37 of the Act, 2016

          as well.

          05.     In view of the aforesaid, we are of the view that since the

          vehicle in question may be required to be produced before the

          court or police, it is expedient that the concerned trial court

          imposes adequate conditions for release of the vehicle in

          question with a view to secure its production, as and when

          required. Thus, we grant liberty to the petitioner to file

          appropriate application before the learned court of Special

          Judge, Excise Act, Saran at Chapra in connection with

          Marhaura P.S. Case No. 5123071250332 of 2025 within a

          period of three weeks from today, for imposition of conditions

          for release of the vehicle in question, whereupon the learned

          trial court shall pass appropriate orders with regard to

          imposition of conditions, as deemed fit and proper, for release

          of the vehicle in question, within a period of two weeks,

          thereafter.

          06.     The concerned respondent-authority shall then release the

          aforesaid four-wheeler Ertiga vehicle of the petitioner within a

          period of one week of production of the order to be passed by

          the learned trial court, however subject to the petitioner
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                     fulfilling the conditions to be imposed by the learned trial court

                     and making available the documents of ownership of the

                     vehicle in question before the competent authority.

                     07.     Accordingly, the writ petition stands disposed off on the

                     aforesaid terms.


                                              (Mohit Kumar Shah, J)



                                                (Arun Kumar Jha, J)
DKS/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.03.2026
Transmission Date       NA