Patna High Court
Ankit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted the petitioner liberty to file an application under Rule 12A and directed the competent authority to decide it within three weeks, issuing a reasoned order within another three weeks.
Summary
The petitioner, Ankit Kumar Yadav, sought the release of a Tata truck seized under Section 30a of the Bihar Prohibition and Excise Act, 2016 for alleged involvement in illicit liquor recovery. The High Court was asked to grant liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the vehicle's release. The Court held that such liberty could be granted and imposed a three‑week deadline for filing the application, and another three‑week period for the competent authority to decide and issue a reasoned order. The order was made on the basis that no substantive hearing on the merits was required at this stage. Consequently, the writ petition was disposed subject to the stipulated conditions.
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 the seized vehicle.
- Whether the Court can direct the competent authority to decide the application and pass a reasoned order within a specified time.
Legislation cited
Subjects
- writ petition
- seizure
- excise law
- Rule 12A
- vehicle release
- liberty to file application
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3302 of 2026
======================================================
Ankit Kumar Yadav son of Jagnarayan Yadav, Permanent resident of Village-
Badka Dhakaich (Dhakaich), P.S.- Krishnabrahma, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Bailey
Road, P.S.- Kotwali, Patna-1
2. The Principal Secretary, Excise, Bailey Road, Patna-1.
3. The Collector, Buxar.
4. The Superintendent, Excise, Buxar.
5. The Superintendent of Police, Buxar.
6. The Station House Officer, Jagdishpur, P.S., Bhojpur at Ara.
7. Mr. Raj Kumar, Investigating Officer, Jagdishpur, Excise P.S. Case No.18 of
2026, District- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Nath Verma, Advocate
For the Respondent/s : Government Advocate (11)
======================================================
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 Though the present writ petition has been filed for release
of Tata Truck bearing Registration No. UP53DT4739, Chassis
No. MAT466429GHE08127 and Engine No.
S03082461E84309717, seized in connection with Prohibition
(Excise), Jagdishpur P.S. Case No. 18 of 2026 dated 05.02.2026,
registered under Section 30a of the Bihar Prohibition and Excise
Act, 2016, on account of recovery of 172.8 litres of illicit Indian
made foreign liquor, however at the outset the Ld. Counsel for the
Patna High Court CWJC No.3302 of 2026(2) dt.16-03-2026
2/2
petitioner seeks liberty on behalf of the petitioner to file
appropriate application under Rule 12A of the Bihar Prohibition
and Excise (Amendment) Rules, 2023 (hereinafter referred to as
the ‘Rules, 2023). Liberty, so sought, is granted.
2. 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 in accordance with law within a period of
three weeks, thereafter.
3. 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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