Patna High Court
Ashok Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The confiscation of a vehicle without any recovery of liquor from it is illegal, and the petitioner is entitled to a mandamus directing its release.
Summary
The petitioner, Ashok Kumar Mishra, sought a writ of mandamus for the release of his Splendor motorcycle seized by police under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, after his son was arrested for alleged possession of illicit liquor. The seizure list showed recovery of 73 litres of country‑made liquor from the village but did not indicate any liquor being found on the motorcycle, and the police admitted that no alcohol was recovered from the vehicle. The court held that the confiscation proceeding was unlawful because the vehicle was not involved in the liquor recovery, and therefore the petitioner was entitled to have the vehicle released. It directed the competent authority to consider an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, for release of the motorcycle within two weeks and ordered that disciplinary proceedings against the erring police officers be concluded promptly. No penalty was imposed on the petitioner and the writ was allowed in the manner specified.
Issues considered
- Whether the seizure and confiscation of the motorcycle under Section 30(a) of the Bihar Prohibition and Excise Act is valid when no liquor was recovered from the vehicle.
- Whether the petitioner is entitled to a writ of mandamus directing the release of the seized vehicle.
- Whether disciplinary action against the police officials involved is warranted.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 (as amended) — s. 30(a)
- Bihar Prohibition and Excise Rules, 2021 (as amended) — s. Rule 12A
Subjects
- writ of mandamus
- vehicle seizure
- Bihar Prohibition and Excise Act
- confiscation proceeding
- administrative misconduct
- Rule 12A
- illegal seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3438 of 2026
======================================================
Ashok Kumar Mishra Son of Mandev Mishra, Resident of Village Bareja
Farusahi, P.S. Daudpur, District Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Bihar Prohibition and
Excise Department, Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar Prohibition and Excise Department, Govt.
of Bihar, Patna.
3. The District Magistrate cum Collector, Saran, Chapra.
4. The Superintendent of Police, Saran, Chapra.
5. The Excise Superintendent, Saran, Chapra.
6. The Sub-Divisional Police, Officer, Saran, Chapra.
7. The Station House Officer, Daudpur Police Station, District Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate
Dr. Suresh Prasad Yadav, Advocate
For the Respondent/s : Mr.Gautam Kumar Yadav, AC to GP-26
======================================================
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 the State.
2. Petitioner in the present case is seeking the following
reliefs:-
"(1) That this application is being filed for issuance
of writ in the nature of mandamus commanding the
respondents to release the vehicle Splendor
motorcycle bearing Reg. No.BR04AR 8239 in favour
of petitioner which was seized in the FIR bearing
Daudpur P.S. Case No.40/2025 instituted under
Section 30(a) of Bihar Prohibition and Excise Act
Patna High Court CWJC No.3438 of 2026(3) dt.18-06-2026
2/4
2022 for recovery of 73 liters illicit country made
liquor and any other appropriate writ, order save and
except in accordance with law."
3. It is the case of the petitioner that he is owner of
Splendor motorcycle bearing Reg. No.BR04AR8239.
Annexure-'P/1' is the documents of Registration Certificate, Tax
Invoice and Insurance Policy. It is stated that on 16.02.2025, the
petitioner's son Sanjeet Mishra parked the said motorcycle and was
going to market outside the house, then the police came and
arrested Sanjeet Mishra with the aforesaid motorcycle by showing
recovery of 73 liters of country made liquor from outside the
house and instituted FIR bearing Daudpur P.S. Case No.40/2025
dated 16.02.2025 under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022 (As Amended Uptodate).
4. From the counter affidavit filed on behalf of the
respondent no.4 sworn by S.D.P.O., Sonpur, Saran and the copy of
the seizure list which are available on the record, it is noticed that
in the seizure list the recovery of liquor has been shown from
village-Bareja. The seizure list does not mention the actual place
or the house from which the liquors were seized. In any case, it is
an admitted position that the motorcycle bearing Reg.
No.BR04AR8239 was not carrying any liquor. It is stated that
during verification of the information at the place of occurrence a
person tried to escape on a motorcycle but he was successfully
Patna High Court CWJC No.3438 of 2026(3) dt.18-06-2026
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arrested by police and the motorcycle was seized. It is specifically
stated that no alcohol was recovered from the concerned
motorcycle.
5. Learned counsel for the petitioner points out that on
perusal of the case diary, seizure list and direction issued by the
Circle Officer, Ekma, Saran, it appears that the exact spot of
seizure of illicit alcohol has not been clearly stated and there was
no recovery from the seized motorcycle, therefore, the proposal for
initiation of confiscation proceeding submitted by the I.O. vide
memo no.784/2025 dated 18.03.2025 before the District
Magistrate, Saran was contrary to law. The steps have been taken
for initiation of disciplinary proceeding against the informant of
this case, ASI Ashok Tirki, the I.O. of the case, ASI Santosh
Kumar both of Daudpur police station and Sri Birendra Kumar
Singh, Circle Inspector, Ekma, Saran.
6. It is evident on going through the stand taken by the
respondents that the motorcycle in question could not have been
seized in connection with the present case because there was no
recovery of liquor from the motorcycle. It is also evident that the
police wrongly recommended for initiation of a confiscation case
against the vehicle of the petitioner. Since action in administrative
side has already been initiated against those police officers, this
Court is not passing any order at this stage but directs the
Patna High Court CWJC No.3438 of 2026(3) dt.18-06-2026
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competent authority to ensure that the proceeding initiated in the
administrative side against the erring officials must reach to a
logical end within a reasonable time.
7. We grant liberty to the petitioner to file an appropriate
application under Rule 12A of the Bihar Prohibition and Excise
Rules, 2021 (As Amended Uptodate) before the competent
authority for release of the vehicle in question. The competent
authority shall consider the application and pass an appropriate
order for release of the vehicle . Since there was no liquor and the
confiscation case itself is said to have been wrongly initiated, no
penalty shall be imposed upon the petitioner. The order for release
of the vehicle must be passed within two weeks from the date of
receipt/production of a copy of this order.
8. This writ application is allowed to the extent
indicated hereinabove.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
arvind/-
U
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