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
- Bhartiya Nyaya Sanhita — s. Section 303(2)
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
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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