Ravindra RayversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3274 of 2026
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                 Ravindra Ray S/o Jayakishor Ray, R/o Village- Dharipur, Haraji P.S.-
                 Awtarnagar, District- Saran.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Excise Department,Govt.
                 of Bihar, Old Secretariat, Patna.
           2.    The District Magistrate, Saran.
           3.    The Superintendent of Police, Saran.
           4.    The S.H.O. Awtarnagar Police Station, Saran.
           5.    The District Magistrate, Muzaffarpur.
           6.    The Superintendent of Police, Muzaffarpur.
           7.    The S.H.O. Muzaffarpur, Excise P.S., Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ravi Prakash, Advocate
                 For the Respondent/s   :       Ms Archana Meenakshee, GP-6
                                                Mr. Rana Veer Prawar, AC to GP-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3   18-06-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ application has been filed for release

                   of the Scorpio vehicle bearing Reg. No. BR-1PK 4484, Chassis

                   No.MA1TA2TDKJ2H26478, Engine No.TDJ4H84274 belonging

                   to the petitioner which has been seized in connection with

                   Muzaffarpur Excise P.S. Case No.132 of 2026 on 21.01.2026

                   registered under Sections 30(a) and 30(3) of the Bihar Prohibition
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          and Excise Act, 2016 (As Amended Uptodate).

                      3. It is the case of the petitioner that the vehicle in

          question was stolen away by unknown thieves on 13.01.2026. In

          this connection, the petitioner lodged Awtarnagar P.S. Case No.20

          of 2026 dated 13.01.2026 under Sections 303(2)/3(5) of the

          Bhartiya Nyay Sanhita (in short 'BNS').

                      4. Earlier, this Court called for a counter affidavit from

          the    respondents.      The     respondent     no.4   i.e.   the    Senior

          Superintendent of Police, Saran has filed a counter affidavit. It is

          admitted that Awtarnagar P.S. Case No.20 of 2026 dated

          13.01.2026 was instituted on the basis of a written complaint of

          the informant Ravindra Rai and as per his complaint, unknown

          thieves have stolen away his Scorpio vehicle. It is stated that

          during investigation, based on inspection of the place of

          occurrence, statements of the informant and witnesses and the

          recovery/seizure actions, the case has been found to be true under

          Sections 303(2)/317(2)/317(4)/3(5) of BNS against (i) Sujit

          Kumar, son of Suresh Ray (ii) Vikash Kumar, son of Deendayal

          Mahto (iii) Nikki Kumar, son of Viresh Pandey and (iv) owner of

          Bolero     pickup,      Registration       No.BR-06-4D-9235,        namely,

          Shambhu Ray, son of late Bathu Rai. The vehicle in question

          which has been seized in connection with the excise case is

          registered in the name of the petitioner. It is further stated in the
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          counter affidavit that upon verification from police station records

          and SCRB, Chakra in Bihar, no other criminal case has been found

          registered against the Scorpio vehicle owner Ravindra Rai. In this

          connection, letter no.1326 dated 23.03.2026 (Annexure-R/1) has

          been enclosed with the counter affidavit.

                       5. Similarly, a counter affidavit has been filed on behalf

          of the respondent nos.5 and 7 sworn by the Excise Inspector,

          Muzaffarpur. In the counter affidavit filed by these respondents, it

          is stated that approximately 138.240 liters of illicit foreign liquors

          were recovered from the vehicle and a confiscation proceeding has

          been initiated which is pending adjudication before the learned

          ADM (Revenue), Muzaffarpur. In his submissions, the petitioner

          has a complete statutory remedy available before the said

          authority.

                       6. On going through the counter affidavits of the

          concerned respondents, we find that admittedly the vehicle in

          question was stolen away on 13.01.2026. The case has been

          investigated and the police has found the name of the persons

          behind the theft of the vehicle. No role of the petitioner has been

          assigned either in the theft of the vehicle or in the alleged

          transportation of liquors in the said vehicle. In this admitted fact of

          the case, we are of the considered opinion that the vehicle in

          question cannot be subjected to confiscation. We rely on the
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                     judgment of this Court in the case of Bimlesh Kumar Vs. The

                     State of Bihar & Ors. reported in 2026 (1) BLJ 477.

                                 7. We grant liberty to the petitioner to file an application

                     under Rule 12A of the Bihar Prohibition and Excise Rules, 2021

                     before the competent authority together with a copy of the order of

                     this Court. On receipt of the said application, the competent

                     authority shall consider the same keeping in view the discussions

                     made hereinabove and shall pass an appropriate order for release

                     of the vehicle. Since it is a case of stolen vehicle and nothing

                     wrong has been found on the part of the owner of the vehicle, the

                     competent authority shall not impose any penalty as a condition

                     for release of the vehicle. In any case the vehicle must be released

                     within a period of two weeks from the date of receipt/production

                     of a copy of this order before the competent authority.

                                 8. This writ application is allowed.



                                          (Rajeev Ranjan Prasad, J)


                                                ( Kumar Manish, J)
arvind/-

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