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).
Patna High Court CWJC No.2817 of 2026 dt.07-04-2026
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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/
Patna High Court CWJC No.2817 of 2026 dt.07-04-2026
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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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