Patna High Court

JagpalversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court granted liberty to the petitioner to file an application under Rule 12A(2) and directed the authority to decide it within two weeks, thereby disposing of the writ petition on those terms.

Summary

The petitioner, Jagpal, filed a writ petition seeking the release of a truck seized by the Bihar Excise authorities for alleged possession of 427.320 litres of illicit foreign liquor, contravening several provisions of the Indian Penal Code and the Bihar Prohibition and Excise (Amendment) Act, 2018. The High Court examined whether the petitioner could be permitted to apply for release of the vehicle under the procedural mechanism provided in Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023. The Court granted the petitioner liberty to file the appropriate application within two weeks and directed the competent authority to consider the application on merits and issue a reasoned order within another two weeks. No substantive merits of the seizure were decided; the Court merely set procedural directions. 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(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized truck.
Whether the competent authority must decide the application within a stipulated time and pass a speaking order.

Legislation cited

Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(i), 32(ii), 36, 41(i)
Bihar Prohibition and Excise (Amendment) Rules, 2023 — s. 12A(2)
Indian Penal Code — s. 120(B), 272, 273, 420

Subjects

seizure
illicit liquor
writ petition
vehicle release
penalty
Rule 12A
Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2230 of 2026
                 ======================================================
                 Jagpal Son of Hoshiyara, Resident of Village- Saragthal, P.S.- Gohana, 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, Madhubani, District- Madhubani.
           4.    The Superintendent of Police, Madhubani.
           5.    The Sub Inspector Bhairav Sthan P.S., District- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms. Priya Raj, Advocate
                 For the Respondent/s   :      Mr. Sunil Kumar Mandal, SC-3
                                               Ms. Neelam Kumari, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   30-03-2026              The present writ petition has been filed for release of the

                   truck bearing Registration No. HR69B4828, Chassis No.

                   MAT447220E3B01660                    and           Engine                No.

                   B591803241A63359526, which has been seized in connection

                   with Bhairav Sthan P.S. Case No. 05 of 2023 dated 10.01.2023,

                   registered under Sections 272, 273, 420 and 120(B) of the

                   Indian Penal Code and Sections 30(a), 32(i) (ii), 36 and 41(i) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018 on
         Patna High Court CWJC No.2230 of 2026(2) dt.30-03-2026
                                                     2/2




                   account of recovery of 427.320 liters of illicit foreign liquor.

                   2.       At the outset, the Ld. Counsel for the petitioner seeks

                   liberty on behalf of the petitioner to file appropriate application

                   under Rule 12A(2) of the Bihar Prohibition and Excise

                   (Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules,

                   2023’) for release of the truck in question on payment of

                   penalty. Liberty, so sought, is granted.

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

                   is filed by the petitioner under Rule 12A(2) of the Rules, 2023

                   within a period of two weeks from today, the competent

                   authority shall consider the same on merits and pass a reasoned

                   and a speaking order within a period of two weeks, thereafter.

                   4.       The writ petition stands disposed of on the aforesaid

                   terms.


                                          (Mohit Kumar Shah, J)


                                             (Arun Kumar Jha, J)
S.Sb/-

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