Patna High Court
Surendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a petition under Rule 12A within four weeks, and ordered disposal of the writ petition on that basis.
Summary
The petitioner, Surendra Kumar, sought the release of his Mahindra Supro Profittruck seized by the Hajipur Prohibition Police in connection with alleged possession of 405.360 liters of illicit liquor, contravening Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. 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 the matter on merits within another four weeks, issuing a reasoned order. Consequently, the writ petition was disposed of on these terms, without ordering the immediate release of the vehicle.
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), 32(3)
Subjects
- seizure
- illicit liquor
- writ petition
- Rule 12A
- excise law
- provisional relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2774 of 2026
======================================================
Surendra Kumar, Male, Son of Laxmi Yadav, Resident of Village- Ram
Nagar, Bangali Tola, Postal Park, P.S.- Jakkanpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Development of
Registration and Excise, Government of Bihar.
2. The District Magistrate, Hajipur at Vaishali.
3. The Superintendent of Police, Hajipur at Vaishali.
4. The Sub- Divisional Officer, Hajipur at Vaishali.
5. The S.H.O., Prohibition and Excise Police Station- Hajipur, District-
Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the State : Mr. Mujatabul Haque, GP 12
Mr. Pranoy Kumar, AC to GP 12
======================================================
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 Mahindra Supro Profittruck (CNG Duo) vehicle
bearing Registration No. BR 01 GN 1863, Chassis No.
MA1FN2PXRP6K55285, Engine No. PXP6K28820, which has
been seized in connection with Hajipur (Prohibition) P.S. Case
No.164 of 2025, registered under Sections 30(a), 32(3) of the
Bihar Prohibition and Excise Act, 2016 against the petitioner
herein on account of recovery of 405.360
Patna High Court CWJC No.2774 of 2026(2) dt.23-02-2026
2/2
liters of illicit liquor from the said 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, the 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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