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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to file an application under Rule 12A and disposed the writ petition subject to the competent authority’s adjudication.

Summary

Petitioner Rajesh Kumar filed a writ petition seeking the release of a tempo seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 300 litres of illicit liquor. The petitioner requested liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle on payment of a penalty. The Court granted the requested liberty, directing the petitioner to file the application within three weeks and the competent authority to decide it within three weeks thereafter. The Court further ordered that the authority pass a reasoned order on the merits. Accordingly, the writ petition was disposed subject to compliance with these directions.

Issues considered

  • Whether the petitioner is entitled to liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle.
  • Whether the court can condition the disposal of the writ petition on the filing of such an application and subsequent order by the competent authority.

Legislation cited

Subjects

  • seizure
  • illicit liquor
  • excise law
  • writ petition
  • release of vehicle
  • Rule 12A
  • penalty
  • procedural liberty

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3178 of 2026
                 ======================================================
                 Rajesh Kumar Son of Late Baban Ram, resident of Village-Bachari, P.S.-Piro,
                 District-Bhojpur.

                                                                               ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Principle Secretary Excise Department, Govt. of
                 Bihar, Patna.
           2.    The District Magistrate cum Collector, Bihta, District-Patna.
           3.    The Superintendent of Police Patna, District-Patna.
           4.    The Officer in Charge Bihta Police Station, District-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Prabhat Kumar Singh, Advocate
                 For the Respondent/s   :      Government Pleader (14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   16-03-2026            The present writ petition has been filed for release of

                   tempo bearing Registration No. BR03PB2351, Chassis No.

                   MD2B47AXORWK27632 and Engine No. AZXWRK87345,

                   which has been seized in connection with Bihta P.S. Case No.

                   5117008250321 of 2025 dated 08.05.2025, registered under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2016 on

                   account of recovery of 300 litres of illicit country made liquor.

                   2.     At the outset, the Ld. Counsel for the petitioner seeks

                   liberty on behalf of the petitioner to file appropriate application

                   under Rule 12A of the Bihar Prohibition and Excise
         Patna High Court CWJC No.3178 of 2026(2) dt.16-03-2026
                                                     2/2




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

                   2023’) for release of vehicle (tempo) on payment of penalty.

                   Liberty, so sought, is granted.

                   3.       It is needless to state that in case appropriate application

                   is filed by the petitioner under Rule 12A of the Rules, 2023

                   within a period of three weeks from today, the competent

                   authority shall consider the same on merits and pass a reasoned

                   and a speaking order within a period of three weeks, thereafter.

                   4.       The writ petition stands disposed off on the aforesaid

                   terms.


                                          (Mohit Kumar Shah, J)


                                             (Arun Kumar Jha, J)
S.Sb/-

U


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