Patna High Court
Sadhu PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an application under Rule 12A within three weeks and disposed the writ petition on that basis.
Summary
The petitioner, Sadhu Prasad, challenged the confiscation of his tractor by the Excise authorities under the Bihar Prohibition and Excise Act, 2016, alleging it was seized for alleged involvement in illicit liquor. His appeal against the Collector‑cum‑District Magistrate’s order dismissing the confiscation was rejected, prompting a writ petition seeking to set aside the orders and to obtain liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The Court examined the explanation to Rule 12A, which permits the authority to allow the owner to pay a penalty and have the vehicle released before auction. The State argued that such an application, if filed before auction, would be considered on merits. The Court held that the petitioner should be granted liberty to file the Rule 12A application within three weeks, and the writ petition was disposed subject to that condition.
Issues considered
- What relief, if any, is available to a vehicle owner whose vehicle has been confiscated under the Bihar Prohibition and Excise Act, 2016?
- 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 confiscated vehicle upon payment of penalty.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(1), 32(3), 41(1), 41(2)
Subjects
- vehicle confiscation
- excise law
- Bihar Prohibition and Excise Act
- Rule 12A
- penalty payment
- writ petition
- release of confiscated vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3481 of 2026
======================================================
Sadhu Prasad S/o Late Gopal Prasad, R/o Village - Hasanpura, P.O. Barama,
P.S. Kadirganj, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, Govt. of
Bihar, Patna.
2. The District Magistrate - Cum- Collector, Kaimur at Bhabua.
3. Sub-Divisional Magistrate, Bhabua (Kaimur)
4. Station Head of Bhabua Excise Police Station, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan,Advocate
For the Respondent/s : Mr.Standing Counsel (21)
======================================================
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 setting
aside the order dated 21.10.2025, passed by the learned
Collector-cum-District Magistrate, Kaimur at Bhabhua in
Excise Appeal (Vehicle Confiscation) Case No.02 of 2025
whereby and whereunder the appeal filed by the petitioner has
stood dismissed and the order dated 07.01.2025, passed by the
learned Sub-Divisional Magistrate, Bhabua (Kaimur) has been
upheld. The petitioner has also prayed for setting aside the order
dated 07.01.2025, passed by the learned Sub-divisional
Magistrate, Bhabhua in Excise (Vehicle Confiscation) Case
Patna High Court CWJC No.3481 of 2026(2) dt.16-03-2026
2/3
No.714 of 2024 whereby and whereunder direction has been
issued to confiscate the tractor of the petitioner bearing
Registration No.BR25GA-5129, Chassis No.933113103281,
Engine No.S325N47693, in connection with Kaimur
(Prohibition) P.S. Case No.666 of 2024, registered under
Sections 30(a), 32(1) & (3) and 41(1) and (2) of the Bihar
Prohibition and Excise Act, 2016, on account of recovery of 318
liters of illicit liquor.
2. At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to file appropriate
application under Section 12A of the Bihar Prohibition and
Excise (Amendment) Rules, 2023 (hereinafter referred to as
“the Rules, 2023”) for release of the vehicle on payment of
penalty.
3. At this juncture, we may quote hereinbelow
explanation to Rule 12A of the Bihar Prohibition and Excise
(Amendment) Rules, 2022:-
“Explanation.-In all pending/ongoing cases of
confiscation/auction of vehicles, the Collector or the
officer authorized by him may give an opportunity to the
existing owner to pay the aforesaid penalty and get the
vehicle released. Upon satisfaction about ownership and
upon payment of such penalty, the ongoing
confiscation/auction proceeding may be dropped and the
vehicle released.”
Patna High Court CWJC No.3481 of 2026(2) dt.16-03-2026
3/3
4. The learned counsel for the respondent-State
submits that in case appropriate petition is filed by the petitioner
under Rule 12A of the Rules, 2023 for release of the tractor of
the petitioner upon payment of penalty, the same would
definitely be considered on merits, in case the vehicle has not
already been auctioned sold.
5. Having regard to the facts and circumstances of
the case, we deem it fit and proper to grant liberty to the
petitioner to file appropriate application under Rule 12A of the
Rules, 2023, before the competent authority and in case such an
application is filed within a period of three weeks from today,
the same shall be considered in accordance with law and a
reasoned and a speaking order shall be passed thereon within a
period of three weeks, thereafter in case the vehicle/tractor in
question has not already been auctioned sold.
6. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
kanchan/-
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