Patna High Court
Abhishek Kumar @ Abhishek Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted the petitioner liberty to file a petition under Rule 12A of the Rules, 2023 within four weeks and directed the authority to decide on it within four weeks.
Summary
The petitioner, Abhishek Kumar, sought the release of his Toyota Urban Cruiser vehicle seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged involvement in the recovery of illicit liquor. The petitioner requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023. The Court granted this liberty, directing that the petition be filed within four weeks and that the competent authority decide on its merits within another four weeks, issuing a reasoned order. No substantive merits of the seizure were addressed; the focus was on procedural permission. Consequently, the writ petition was disposed of on the terms of granting liberty to file the Rule 12A petition.
Issues considered
- Whether the petitioner is entitled to liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the release of the seized vehicle.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- seizure
- excise law
- vehicle release
- writ petition
- procedural liberty
- Rule 12A
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2751 of 2026
======================================================
Abhishek Kumar @ Abhishek Kumar Gupta, Male, S/o Satyanarayan Sah,
R/o Vill- Purushottampur, P.S- Itarhi, Dist- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise and Prohibition
Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. The Excise Commissioner of Bihar, Patna.
4. The District Magistrate-cum-Collector, Buxar.
5. The Superintendent of Police, Buxar.
6. The Superintendent of Excise, Buxar.
7. The S.H.O. Buxar Excise Police Station, Dist.- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Respondent/s : Standing Counsel (25)
======================================================
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 Toyota Urban Cruiser vehicle bearing Registration No. BR
44 R 0648, Chassis No. MA3PYGJ1SNG985824, Engine No.
K15BN4299126, which has been seized in connection with
Buxar Excise P.S. Case No.180 of 2025 dated 02.05.2025,
registered under Section 30 (a) of the Bihar Prohibition and
Excise Act, 2016 against the petitioner herein on account of
recovery of 22.600 liters of illicit liquor from the said
Patna High Court CWJC No.2751 of 2026(2) dt.23-02-2026
2/2
vehicle 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/authorised 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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