Patna High Court

Rajmangal SahaniversusThe State of Bihar

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

Holding

The Court held that the Collector must consider the pending application under Rule 12A and pass a reasoned order within four weeks.

Summary

Petitioner Rajmangal Sahani sought the release of a Mahindra Bolero vehicle seized in connection with an illicit liquor case under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He filed an application on 22‑10‑2024 under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, but the Collector/Authorized Officer failed to dispose of it. The petitioner filed a writ petition asking the High Court to direct the Collector to consider the application and pass a reasoned order. The Court, noting the limited prayer, directed the Collector to examine the application, if filed, and issue a speaking order within four weeks. Accordingly, the writ petition was disposed with the said direction.

Issues considered

Whether the failure of the Collector to dispose of an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 warrants judicial intervention.
Whether the High Court can direct an administrative authority to pass a reasoned order within a specified time.

Legislation cited

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

Subjects

writ jurisdiction
administrative law
seizure of vehicle
Rule 12A
excise law
procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.2802 of 2026
                 ======================================================
                 Rajmangal Sahani, Male, S/o Nirbal Sahni, Resident of Village- Koa
                 Mohabbatpur, P.S.- Lalganj, District Vaishali (Bihar).

                                                                            ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Excise Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate -cum- Collector, Gopalganj.
           3.    The Superintendent of Police, Gopalganj.
           4.    The Officer-in-charge (S.H.O.), Mirganj Police Station, Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Vyas Kumar Mishra, Advocate
                 For the Respondent/s   :       Addl. Advocate General 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                 At the outset, the learned counsel for the petitioner

                   submits that though the petitioner has filed an application dated

                   22.10.2024 under Rule 12 A of the Bihar Prohibition and Excise

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

                   2023’) for release of Mahindra Bolero Maxx Pup City 1.3 Lxd

                   vehicle bearing registration No. BR 06 GG 0714, Chassis No.

                   MA1RV2TUKR6B25891, Engine No. TUR4B27153, which has

                   been seized in connection with Mirganj P.S. Case No.551 of

                   2024, registered under Section 317(5) of the Bhartiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016 on account of recovery of 259.200 liters of
          Patna High Court CWJC No.2802 of 2026(2) dt.23-02-2026
                                                      2/2




                    illicit liquor, however the learned Collector/the Authorised

                    Officer, Gopalganj is not disposing of the said application dated

                    22.12.2024, annexed as Annexure P/3 to the present petition.

                                2. In such view of the matter, the learned counsel for

                    the petitioner prays that the learned Collector/the Authorised

                    Officer, Gopalganj be directed to dispose of the aforesaid

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

                    stipulated time frame.

                                3. Having regard to the limited prayer made by the

                    learned counsel for the petitioner, we deem it fit and proper to

                    direct the learned Collector/the Authorised Officer, Gopalganj to

                    consider the aforesaid application filed by the petitioner under

                    Rule 12 A of the Rules, 2022, in case the same has actually been

                    filed and pass a reasoned and a speaking order, in accordance

                    with law within a period of four weeks from receipt/production

                    of a copy of this order.

                                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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