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Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to file an application under Rule 12A and ordered the authority to decide it within four weeks, thereby disposing the writ petition.

Summary

Ritesh Kumar filed a writ petition seeking the release of his Scorpio vehicle seized under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016 in connection with an illicit liquor case. The petitioner asked the court to allow him to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release upon payment of a penalty. The court granted liberty to file such an application within four weeks and directed the competent authority to consider it and pass a reasoned order within another four weeks. The court emphasized that the authority must act in accordance with law. Consequently, the writ petition was disposed subject to the stipulated terms.

Issues considered

  • Whether the petitioner may be granted 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 prescribe a timeline for filing the application and for the authority to decide the application

Legislation cited

Subjects

  • vehicle seizure
  • Bihar Prohibition and Excise Act
  • Rule 12A
  • civil writ petition
  • penalty
  • illicit liquor
  • release of seized property

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3482 of 2026
                 ======================================================
                 Ritesh Kumar son of Buchan Yadav, resident of village- Dubiyahi Ward no.-
                 09 P.S.- Madhepura District- Madhepura

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary Bihar Prohibition Excise
                 and Registration Department Govt. of Bihar, Patna.
           2.    The Commissioner Bihar Prohibition and Excise Department Govt. of Bihar,
                 Patna
           3.    The Commissioner Koshi Division Saharsa.
           4.    The District Magistrate Saharsa.
           5.    The District Transport Officer Saharsa.
           6.    The Superintendent of Police Saharsa.
           7.    The Excise Superintendent Saharsa.
           8.    The Station House Officer Pastpar Police Station District Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Amarnath Jha, Advocate
                 For the Respondent/s   :      Mr.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            The present writ petition has been filed for release of

                   Scorpio vehicle bearing Registration No.BR11BA0278, Chassis

                   No.MA1TA2XM2N2F21056 and Engine No.XMN4F16836,

                   which has been seized in connection with Pastpar P.S. Case

                   No.79 of 2025, registered under Sections 30(a) and 41(1) of the

                   Bihar Prohibition and Excise Act, 2016 against Ritesh Kumar

                   and the owner of the vehicle on account of recovery of 300 litres
            Patna High Court CWJC No.3482 of 2026(2) dt.16-03-2026
                                                        2/2




                      of illicit country made liquor.

                              2. At the outset, the learned counsel for the 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’) for release of the aforesaid vehicle in question upon

                      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 four weeks from today, the

                      competent authority/authorised officer shall consider the same

                      on merits and pass a reasoned and a speaking order in

                      accordance with law within a period of four weeks, thereafter.

                              4. Accordingly, the writ petition stands disposed off on

                      the aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)
kanchan/-

U


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