Patna High Court
Ashish Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is permitted to withdraw the writ and file an application under Rule 12A for release of the vehicle upon payment of the prescribed penalty.
Summary
The petitioner, Ashish Kumar Jha, filed a writ application challenging the seizure of his vehicle under a confiscation case. He sought to withdraw the writ and instead file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 for release of the vehicle upon payment of a penalty. The State, represented by the Additional Advocate General, raised no objection to this request. The Court granted the petitioner liberty to file the appropriate application before the Collector or an authorized officer within 30 days, and directed that the competent authority dispose of it within one month. Consequently, the writ application was disposed of in accordance with the Court’s directions.
Issues considered
- Whether the petitioner may withdraw the writ application and seek relief for release of the seized vehicle under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
Legislation cited
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
Subjects
- writ jurisdiction
- withdrawal of writ
- vehicle seizure
- confiscation
- Bihar Prohibition and Excise Rules
- Rule 12A
- penalty
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3132 of 2026
======================================================
Ashish Kumar Jha Son of Prem Kumar Jha, Resident of village- Barahi, P.S.-
Nauhatta, District- Saharsa
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Prohibition, Excise and
Registration Department Govt, Bihar Patna.
2. The Commissioner, Bihar Prohibition and Excise Department Government
of Bihar Patna.
3. The Commissioner Koshi Division Saharsa.
4. The District Magistrate, Saharsa.
5. The Superintendent of Police, Saharsa.
6. The Excise Superintendent, Saharsa.
7. The District Transport Officer, Saharsa.
8. The SHO Saharsa Sadar police Station Saharsa District- Saharsa
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Amarnath Jha, Advocate
For the State : Mr. S. Raza Ahmad, Addl. Advocate General (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 16-06-2026 Heard learned counsel for the petitioner and learned
AAG-5 for the State.
2. Having regard to the specific averment in the
counter affidavit that a Confiscation Case No. 107/2026 has been
lodged for confiscation of the vehicle and summon has been
served upon the petitioner on 16.03.2026, learned counsel for the
petitioner requests this Court to allow him to withdraw the writ
application with liberty to file an appropriate application in the
Patna High Court CWJC No.3132 of 2026(3) dt.16-06-2026
2/2
given format before the Collector or an officer authorized by him
for release of the vehicle on payment of penalty.
3. Learned AAG-5 for the State has no objection to the
said prayer.
4. In the circumstances, we grant liberty to the
petitioner to file an appropriate application in the given format
before the Collector or an officer authorized by him in terms of
Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as
amended up to date) seeking release of the vehicle in question on
payment of penalty. If any such application is filed within a
period of 30 days from today, the same will be considered and
disposed of by the competent authority i.e. the Collector or an
officer authorized by him within a period of one month from the
date of filing of the application. The petitioner will be at liberty
to place the judicial pronouncements on the subject at the time of
hearing of the matter before the competent authority.
5. This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-
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