Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The Court held that the petitioner may file an application under Rule 12A for release of the seized vehicle, and the competent authority must decide it within the prescribed time.

Summary

Petitioner Chandan Kumar filed a writ petition seeking the release of his Mahindra Scorpio vehicle seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in connection with a liquor seizure case. The petitioners 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 that if the application is filed within four weeks, the competent authority must consider it on merits and issue a reasoned order within another four weeks. No substantive merits of the seizure were addressed; the order was procedural, directing the filing of the application. Consequently, the writ petition was disposed subject to the stipulated conditions.

Issues considered

Whether the petitioner is entitled to liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle.
Whether the court can direct the competent authority to consider such an application and pass a reasoned order within a specified time.

Legislation cited

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

Subjects

writ petition
vehicle seizure
Bihar Prohibition and Excise Act
Rule 12A
penalty
release of seized property
procedural direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2186 of 2026
                 ======================================================
                 Chandan Kumar Son of Maheshwar Prasad Mandal, Resident of Village
                 Dubouni, Police Station- Amarpur, District- Banka.

                                                                     ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Secretary, Department of Excise and
                 Registration, Government of Bihar, Patna.
           2.    The District Magistrate / Collector-cum- Confiscating Authority, Banka,
                 Bihar.
           3.    The Superintendent of Police, Banka, Bihar.
           4.    The Officer-in-charge, Panjwara Police Station, Banka, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ravi Prakash Dwivedi, Adv.
                                               Mr. Saurabh Raj, Adv.
                 For the State          :      Mr. Gyan Prakash Ojha, GA-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026                   The present writ petition has been filed for directing

                   the Respondents to release Mahindra Scorpio S-11 vehicle of

                   the petitioner bearing Registration No. JH15AC4759, Chassis

                   No. MA1TA2XM2N2D44974, Engine No. XMN4D17993,

                   which has been seized in connection with Panjwara P.S.Case

                   No. 27/2024 dated 14.3.2024, registered under Section 30(a) of

                   the Bihar Prohibition and Excise Act, 2016 against four persons

                   including the driver of the aforesaid vehicle in question, namely

                   Rahul Kumar on account of recovery of 81 liters of illicit
         Patna High Court CWJC No.2186 of 2026(2) dt.23-02-2026
                                                     2/2




                   liquor.

                   2.      At the outset, the learned counsel for the petitioner seeks

                   liberty on behalf of the petitioner to file an application under

                   Rule 12A of the Bihar Prohibition and Excise (Amendment)

                   Rules, 2023 (hereinafter referred to as the Rules, 2023”) for

                   release of the aforesaid vehicle upon payment of penalty.

                   Liberty, so sought, is granted.

                   3.      It is needless to state that in case appropriate application

                   is filed under Rules, 2023 before the competent authority /

                   authorized officer within a period of four weeks from today, the

                   same shall be considered on merits and a reasoned and a

                   speaking order, in accordance with law, shall be passed within a

                   period of four weeks, thereafter.

                   4.      Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                          ( Alok Kumar Pandey, J)

Ajay/-

U

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