Patna High Court
Rishikesh ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized vehicle upon payment of penalty.
Summary
The petitioner, Rishikesh Thakur, filed a writ petition seeking the release of his seized Maruti Suzuki Dzire vehicle, which was confiscated under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged involvement in the recovery of illicit liquor. The High Court examined whether the petitioner could be permitted to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 to obtain release of the vehicle upon payment of a penalty. The Court granted the petitioner liberty to file such a petition within four weeks and directed the competent authority to consider it on merits and issue a reasoned order within another four weeks. No substantive merits of the seizure were decided; the writ petition was disposed on procedural terms. The order essentially provides a timeline for the petitioner to pursue relief under the specified rule.
Issues considered
- What procedural relief can be granted to a petitioner seeking release of a vehicle seized under the Bihar Prohibition and Excise Act, 2016?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- seizure
- vehicle release
- Bihar Prohibition and Excise Act
- Rule 12A
- penalty
- writ petition
- procedural liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2796 of 2026
======================================================
Rishikesh Thakur (Male), S/o Tilendra Thakur, R/o Village-Rajpur Char Ghat,
P.S.-Bhojpur, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate cum Collector, Bhojpur.
3. The Superintendent of Police, Bhojpur.
4. The SHO, P.S.-Bahoranpur, Bhojpur.
5. The ASI Satyanaran Singh, P.S.-Bahoranpur, District- Bhojpur.
6. The ASI Manoj Kumar, P.S.-Bahoranpur (I.O), District- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate
For the Respondent/s : Government Pleader 04
======================================================
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 Maruti Suzuki Dzire ZXI vehicle bearing Registration No.
BR 01 HT 9240, Chassis No. MA3CZFB3SRB865702, Engine
No. K12NN9217982, which has been seized in connection with
Bahoranpur P.S. Case No.92 of 2025 dated 12.08.2025,
registered under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 against the petitioner herein on account of
recovery of 18 liters of illicit liquor from the said
Patna High Court CWJC No.2796 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’) for release of the vehicle, on payment of penalty. 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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