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Patna High Court

SikanderversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to file an application under Rule 12A for release of the seized vehicle upon payment of penalty.

Summary

The petitioner, Sikander, filed a writ petition seeking the release of his Ford Ecosport seized by the Gopalganj Excise Police in connection with a case under the Bihar Prohibition and Excise Act, 2016 for alleged involvement in the recovery of 208.950 litres of illicit liquor. The vehicle was seized under Sections 30(a) and 32 of the Act. The petitioner requested liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release upon payment of a penalty. The Court granted this liberty, directing that the application be filed within four weeks and that the competent authority decide the matter within four weeks, issuing a reasoned order. Consequently, the writ petition was disposed of on these terms.

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 seized vehicle can be released upon payment of penalty as per the statutory provisions.

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2223 of 2026
                 ======================================================
                 Sikander Son of Ram Karan, Resident of Village- Gamri, P.S.- Ganwari,
                 Distt.- Sonipat, State- Haryana.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Excise, Prohibition and
                 Registration Department, Government of Bihar, Patna.
           2.    The Deputy Secretary, Excise, Prohibition and Registration Department,
                 Government of Bihar, Patna.
           3.    The Collector, Gopalganj, District- Gopalganj.
           4.    The Superintendent of Police, Gopalganj.
           5.    The Sub Inspector Excise P.S., District- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Priya Raj, Advocate
                 For the Respondent/s   :        Mr. Jai Prabhat Kishore, AC to SC-13
                 ======================================================
                 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 release of Ford

                   Ecosport      (white        colour)        vehicle     bearing       Chassis

                   No.MAJAXXMRKAGL57348 and Engine No. GL57348,

                   which has been seized in connection with Gopalganj Excise P.S.

                   Case No.821 of 2025, registered under Sections 30(a) and 32 of

                   the Bihar Prohibition and Excise Act, 2016 against one Sahil

                   and the owner of the vehicle on account of recovery of 208.950

                   litres of illicit liquor.

                          2. At the outset, the learned counsel for the petitioner
            Patna High Court CWJC No.2223 of 2026(2) dt.23-02-2026
                                                        2/2




                      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 release of the aforesaid vehicle in question upon

                      payment of penalty. Liberty so sought is granted.

                               3. It is needless to state that in case appropriate

                      application is filed under Rule 12A of the Rules, 2023 within a

                      period     of     four     weeks        from   today,   the   competent

                      authority/authorised officer shall consider the same on merits

                      and pass a reasoned and a speaking order in accordance with

                      law within a period of four weeks, thereafter.

                               4. Accordingly, the writ petition stands disposed off on

                      the aforesaid terms.



                                               (Mohit Kumar Shah, J)


                                               (Alok Kumar Pandey, J)
kanchan/-

U


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