Patna High Court

Sunil Kumar PrasadversusThe State of Bihar

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

Holding

The petitioner must first file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, and the writ petition is disposed subject to that filing.

Summary

Petitioner Sunil Kumar Prasad filed a writ petition seeking the release of his TVS Jupiter Scooty, which was seized for allegedly containing 36.84 litres of illicit liquor under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The Court examined whether the writ petition could be entertained directly or whether the petitioner must first approach the competent authority under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023. The Court granted the petitioner liberty to file the appropriate petition under Rule 12A within four weeks and directed the authority to decide it within four weeks. Consequently, the writ petition was disposed subject to the filing of the Rule‑12A petition. The order emphasizes procedural compliance before substantive relief can be granted.

Issues considered

Whether the writ petition for release of the seized vehicle can be entertained directly without filing a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
Whether the petitioner is required to approach the competent authority first under the statutory Rules before seeking relief through a writ.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)

Subjects

writ petition
seizure
illicit liquor
procedural law
Rule 12A
excise law
release of vehicle
Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.2750 of 2026
                 ======================================================
                 Sunil Kumar Prasad, Son of Kalyan Chand Prasad, Resident of Village-
                 Rampali, P.S.-Maharaj Ganj, District-Siwan.


                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Secretary, Department of Excise, Bihar,
                 Patna.
           2.    The Secretary, Department of Excise, Bihar, Patna.
           3.    The District Magistrate cum Collector Gopalganj at Gopalganj.
           4.    The Superintendent of Police, Gopalganj.
           5.    The S.H.O. Kateya P.S., Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shashi Bhushan Singh, 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 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

                   TVS Jupiter Scooty bearing Registration No. BR 29 BF 1209,

                   Chassis       No.        MD626EG52S3C23692,             Engine         No.

                   KG5CS3321054, which has been seized in connection with

                   Kateya P.S. Case No.318 of 2025 dated 12.06.2025, registered

                   under Section 317(5) of the Bhartiya Nyaya Sanhita 2023 and

                   Sections 30(a) and 41(1) of the Bihar Prohibition and Excise

                   Act, 2016 against the petitioner herein on account of recovery of
          Patna High Court CWJC No.2750 of 2026(2) dt.23-02-2026
                                                      2/2




                    36.840 liters of illicit liquor from the Scooty in question.

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

                    seeks liberty on behalf of the petitioner to file appropriate

                    petition under Rule 12 A of the Bihar Prohibition and Excise

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

                    2023’). Liberty, so sought, is granted.

                                3. It is needless to state that in case appropriate

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

                    period     of     four     weeks        from   today,   the   competent

                    authority/authorized officer shall consider the same on merits

                    and pass a reasoned and a speaking order within a period of four

                    weeks, thereafter.

                                4. Accordingly, present writ petition stands disposed

                    of on the aforesaid terms.



                                                    (Mohit Kumar Shah, J)


                                                    (Alok Kumar Pandey, J)
GAURAV S./-
U

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