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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

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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