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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner must file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 before the District Magistrate/Confiscating Authority, and the writ is allowed to the extent of directing that remedy.

Summary

The petitioner, Rajesh Kumar, challenged the seizure of his motorcycle (Reg. No. BR22AJ-0870) which had been intercepted by the Excise Team in Gopalganj while allegedly carrying 18 litres of liquor and bearing a forged registration number. The vehicle was also reported stolen in a separate criminal case under Section 303(2) of the Bhartiya Nyaya Sanhita, but the petitioner claimed no involvement in the theft or liquor transport. The State argued that the petitioner could seek relief by filing an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 before the District Magistrate/Confiscating Authority. The High Court held that the petitioner should pursue that statutory remedy and directed him to file the application within 30 days, after which the authority must decide within another 30 days. Accordingly, the writ petition was allowed to the limited extent of directing the alternative remedy.

Issues considered

  • Whether a confiscation proceeding can be initiated against the owner of a stolen vehicle when the owner is not found involved in the theft or liquor transport.
  • Whether the petitioner has a statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 to contest the confiscation.
  • Whether the writ petition should be dismissed or the court should direct the petitioner to avail the alternative remedy.

Legislation cited

Subjects

  • confiscation
  • excise
  • stolen vehicle
  • liquor seizure
  • Rule 12A
  • alternative remedy
  • writ jurisdiction
  • vehicle seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2126 of 2026
                 ======================================================
                 Rajesh Kumar S/o Pahalu Mukhiya, R/o Vill- Sanpurkund, Ward No. 9, P.S.-
                 Nautan, District- West Champaran, Bihar.
                                                                            ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through Secretary Excise & Prohibition Department,
                  Govt. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Gopalganj, Bihar.
           4.    The Superintendent of Police, Gopalganj, Bihar.
           5.    The Superintendent of Excise, Gopalganj, Bihar.
           6.    The SHO, Gopalganj Police Station, Gopalganj, Bihar.
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. Sumit Shekhar Pandey, Advocate
                                               Ms. Masoom Raza, Advocate
                                               Mr. Anal Kumar Singh, Advocate
                 For the State          :      Mr. Sanjay Prasad, AC to AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   14-05-2026                   It appears from the pleadings available on the record

                   that after seizure of the vehicle in question, a confiscation

                   proceeding being Confiscation Case No. 809 of 2025 has been

                   initiated and notice has been issued to the petitioner.

                                 2. Learned counsel for the petitioner submits that in

                   this case, the vehicle in question being Registration No.

                   BR22AJ-0870 was stolen away and in this connection, Bettiah

                   Town P.S. Case No. 155 of 2025 dated 23.09.2025 was

                   registered under Section 303(2) of the Bhartiya Nyaya Sanhita.
Patna High Court CWJC No.2126 of 2026(4) dt.14-05-2026
                                            2/3




          In the said case, the petitioner is not found involved. The vehicle

          has been intercepted by Excise Team of Gopalganj when the

          vehicle was carrying 18 litres of liquor. In this connection,

          Gopalganj Excise P.S. Case No. 686 of 2025 has been

          registered. The seized motorcycle was bearing a forged

          Registration No. UP 57F 6453.

                        3. It is, thus, submitted that in case of a stolen vehicle

          where the involvement of the owner of the vehicle has not been

          found either in connection with the theft of the vehicle or in the

          transportation of the liquor, no confiscation proceeding may be

          initiated and the vehicle is liable to be released in favour of the

          petitioner.

                        4. Learned AC to AAG-4 for the State submits that the

          petitioner has an alternative remedy which is equally

          efficacious. He may appeal under Rule 12A of the Bihar

          Prohibition and Excise Rules, 2021 (as amended up to date)

          (hereinafter referred to as the ‘Rules of 2021’) before the

          concerned District Magistrate/Confiscating Authority where he

          may bring to the notice of the authority all related materials and

          the same may be considered before passing an appropriate order.

                        5. Having regard to the facts and circumstances and

          the pleadings available on the record, we are of the considered
          Patna High Court CWJC No.2126 of 2026(4) dt.14-05-2026
                                                      3/3




                    opinion that in this case, the petitioner, if so advised, may file an

                    appropriate application under Rule 12A of the Rules of 2021

                    before the District Magistrate/Confiscating Authority at

                    Gopalganj. The petitioner shall bring the entire material to the

                    notice     of     the     Confiscating         Authority.   The   judicial

                    pronouncements on the subject shall also be produced

                    whereafter the Confiscating Authority shall consider the same

                    and pass an appropriate order thereon.

                                6. If the petitioner makes an application within a

                    period of 30 days from today, the same shall be considered and

                    disposed of within next 30 days from the date of filing of the

                    application.

                                7. This writ application is allowed to the extent

                    indicated hereinabove.



                                         (Rajeev Ranjan Prasad, J)


                                              (Soni Shrivastava, J)
lekhi/-

U


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