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Patna High Court

Archana KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The vehicle shall be released to the petitioner upon payment of a Rs 5,000 penalty and satisfactory proof of ownership.

Summary

The police seized a 18‑wheel truck (Reg. No. BR09GC5608) belonging to Archana Kumari after discovering 13.5 litres of illicit foreign liquor in its cabin during a vehicle check ahead of the 2025 Vidhan Sabha elections. The petitioner filed a writ petition seeking release of the vehicle, arguing that the small quantity of liquor and her non‑involvement warranted a lenient approach. The State contended that no application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 had been filed and that the penalty provisions must be followed. The Court examined Rule 12A(2) and Rule 12A(4), considered a prior decision (Rakesh Kumar Singh v. State of Bihar) on penalty proportionality, and noted the absence of evidence of regular liquor transport by the petitioner. It ordered that the vehicle be released upon payment of a Rs 5,000 penalty and submission of ownership documents within the stipulated time. The writ petition was consequently disposed.

Issues considered

  • Whether the petitioner is entitled to release of the seized vehicle upon payment of a penalty under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
  • Whether the quantity of liquor recovered and lack of prior involvement justify a reduced penalty.
  • Whether the petitioner must first file an application under the Rules before the vehicle can be released.

Subjects

  • vehicle seizure
  • illicit liquor
  • penalty
  • release of seized vehicle
  • Bihar Prohibition and Excise Act
  • Rule 12A
  • writ petition
  • Article 226
  • extraordinary jurisdiction
  • fine

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No. 2817 of 2026
     ======================================================
     Archana Kumari Wife of Gaurav Kumar Singh, Resident of Ward No. 9
     Shasan, P.O. Sasan, P.S. Hasanpur, District- Samstipur, at present C/o- Gaurav
     Kumar Singh, Village- Korai, P.O.- Korai, P.S. Gadhpura, District- Begusarai.
                                                                  ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Principal Secretary, Department of Excise,
     Government of Bihar, Patna.
2.   The District Magistrate, District- Begusarai.
3.   The Superintendent of Police, District- Begusarai.
4.    The Officer-in-Charge, Bakhari Police Station, District- Begusarai.
                                                                ... ... Respondent/s
     ======================================================
     Appearance:
     For the Petitioner/s   :       Mr. Anil Singh, Advocate
     For the Respondent/s   :       Mr. Standing Counsel (21)
     ======================================================
       CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                             and
                    HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                 ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date: 07-04-2026

              The present writ petition has been filed for directing the

      respondents to release the vehicle in question i.e., Ashok

      Leyland       18-wheeler      Truck      bearing      Registration       No.

      BR09GC5608, Chasis No. MB1T2VLD0SPRD9442, Engine

      No. SRPZ500093, which has been seized in connection with

      Bakhri P.S. Case No. 399 of 2025 dated 04.11.2025, registered

      under Section 30(a) of the Bihar Prohibition and Excise Act,

      2022 (amended).
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                  02. The brief facts of the case are that on 04.11.2025 at

         about 04:00 AM in the morning, the police officials of Bakhri

         Police Station were checking vehicles on account of the ensuing

         Vidhan Sabha Elections, 2025 and during the course thereof,

         they got information that in the cabin of the aforesaid truck in

         question, illicit foreign liquor has been hidden, whereupon the

         police force had moved towards Ambedkar Chowk and had

         apprehended the aforesaid truck in question along with a

         motorcycle. The police force is stated to have searched the cabin

         of the aforesaid truck in question and had recovered 13.500

         litres of illicit foreign liquor. The said occurrence led to filing of

         Bakhri P.S. Case No. 399 of 2025 dated 04.11.2025, registered

         under Section 30(a) of the Bihar Prohibition and Excise Act,

         2022 (amended) against three accused persons including the

         driver of the truck in question.

                    03. The learned counsel for the petitioner submits that

         meager quantity of 13.500 litres of illicit foreign made liquor

         has been recovered from the cabin of the truck in question,

         hence it is apparent that the truck was not being used for

         transporting illicit liquor apart from the fact that the petitioner

         was neither present in the truck nor any allegation has been

         made regarding her being engaged in illicit trading of liquor.
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         Hence, it is submitted that a lenient view be taken and the

         vehicle in question be released upon payment of reasonable fine.

                    04. Per contra, the learned counsel for the respondents/

         State submits that the petitioner has not filed any application for

         release of the vehicle in question till date, hence he may file

         appropriate application under Rule 12A (2) of the Bihar

         Prohibition and Excise (Amendment) Rules, 2023 (hereinafter

         referred to as “the Rules, 2023”).

                    05. We have heard the learned counsel for the parties.

         At this juncture, we would like to reproduce Rule 12A (2) of the

         Rules, 2023 herein below:-

                 “Rule 12A (Release of Vehicles, Conveyance etc. on
                 Payment of Penalty):-
                 "(2) The amount of penalty shall be as decided by the
                 Collector or the Officer authorized by him. While
                 imposing the penalty, he shall have due regard to the
                 quantity of intoxicant recovered, involvement of the
                 vehicle owner and the latest insurance value of the
                 vehicle. In no case, the penalty should be less than 10%
                 of the insured value of the vehicle and more than Rs. 5
                 lakhs. The insured value is the value of the vehicle as
                 assessed by the insurance company. Where, the insured
                 value is not available or the Collector or the Officer
                 authorized by him has reason to believe that the vehicle is
                 undervalued, he shall get the valuation done by the
                 District Transport Officer. In any case, the Collector
                 shall not wait beyond 15 days from the date of seizure
                 and if during this period, the accused/owner does not pay
                 up the penalty, he shall proceed with the confiscation/
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                 auction."
                    06. A bare perusal of Rule 12A (2) of the Rules, 2023

         would show that while imposing penalty, the quantity of

         intoxicant recovered is also required to be considered.

         Nonetheless, at this juncture we would like to refer to an order

         dated 26.11.2025, passed by a coordinate Bench of this Court in

         CWJC No.14928 of 2025 (Rakesh Kumar Singh vs. the State

         of Bihar & Ors), wherein it has been held as under:-

                 "In absence of any specific ground that the vehicle was in
                 regular use for transportation of liquors or that the
                 owner of the vehicle was found involved in transportation
                 of the liquors and/or there are multiple cases of similar
                 nature against the owner or the vehicle, imposition of the
                 penalty to the extent of 75 per cent of the insured value is
                 an onerous condition and it amounts to virtually creating
                 a situation where huge hardship may be caused to an
                 owner of the vehicle in getting release of the vehicle."
                   07. Yet another aspect of the matter is that Rule 12A

         (4) of the Bihar Prohibition and Excise (Amendment) Rules,

         2022 provides that while imposing fine, the Collector or the

         officer authorized by him shall have due regard to the economic

         status of the individual, nature of his involvement in the crime

         and the quantum of intoxicant recovered.

                   08. Having considered the facts and circumstances of

         the case as also taking into account the fact that meager quantity

         of 13.500 litres of illicit foreign made liquor has been recovered,
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         no material has been brought in the counter affidavit filed by the

         respondents to show that either the petitioner/her vehicle was

         regularly involved in transportation of illicit liquor or the

         petitioner is involved in multiple cases of similar nature, which

         are also the factors required to be considered while imposing

         penalty for release of the vehicle, as has been provided under

         Rule 12A(2) of the Rules, 2023 and Rule 12A(4) of the Rules,

         2022, we are of the considered view that it would be in the

         interest of justice and equitable, if the petitioner is directed to

         pay a sum of Rs.5,000/- by way of penalty for the purposes of

         release of the truck in question.

                   09. At this juncture, the learned counsel for the

         petitioner submits that the petitioner would be depositing a sum

         of Rs.5,000/- within a period of three weeks from today and

         shall make available the documents of ownership of the vehicle

         in question before the competent authority.

                   10. In such view of the matter, we direct that in case

         the aforesaid sum of Rs.5,000/- is deposited before the

         competent authority within a period of three weeks from today,

         the vehicle in question shall be released in favour of the

         petitioner, after being satisfied with the documents relating to

         the ownership of the vehicle in question, within a period of one
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                      week, thereafter.

                                  11. It is needless to state that the present order has been

                      passed by us while invoking the extraordinary jurisdiction under

                      Article 226 of the Constitution of India for the reason that

                      unnecessarily the petitioner shall be liable to be subjected to

                      various proceedings like the one under Rule 12A of the Rules,

                      2023, Section 57B, 58, 92 and 93 of the Bihar Prohibition and

                      Excise Act, 2016, as amended upto date, for a meager recovery

                      of 13.500 litre illicit foreign made liquor, as also with a view to

                      avoid and prevent multiplicity of proceedings, in the interest of

                      justice.

                                 12. Accordingly, the present writ petition stands disposed

                      of on the aforesaid terms.


                                              (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          10.04.2026
Transmission Date       N/A


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