Patna High Court
Rahul @ Rahul PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The court held that the petitioner, as an innocent owner, cannot be liable for confiscation of the vehicle and must be allowed its release without penalty.
Summary
Petitioner Rahul Pandey, the registered owner of a Hero Glamour motorcycle, reported its theft on 20‑04‑2025 and lodged a police FIR under Section 303(2) of the Bharatiya Nyaya Sanhita. The stolen bike was later intercepted by Excise police carrying 126 litres of illicit Nepali liquor and was seized under the Bihar Prohibition and Excise Act, 2016 (Sections 30(a) and 41(1)) with a forged number plate. The petitioner filed a writ petition seeking a mandamus directing the release of the vehicle and a stay on its confiscation, contending he had no role in the theft or liquor transport. The State could not produce a counter‑affidavit and did not contest the petitioner’s claim. The High Court held that the petitioner, being an innocent owner, could not be subjected to confiscation and ordered that he may apply to the Collector for release of the vehicle without any penalty, thereby allowing the writ application.
Issues considered
- Whether an innocent owner of a stolen vehicle can be subjected to confiscation under the Bihar Prohibition and Excise Act.
- Whether a writ of mandamus can be issued directing the release of the seized vehicle.
- Whether a stay on the confiscation proceedings is warranted.
- Whether any penalty can be imposed as a condition for release of the vehicle.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
Subjects
- theft
- vehicle seizure
- excise law
- confiscation
- mandamus
- innocent owner
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3519 of 2026
======================================================
Rahul @ Rahul Pandey Son of Late Lalan Pandey, Resident of Village-
Madhuchhapra, P.O- Belwatiya, Police Station- Piprakothi, District- East
Champaran.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Department of Excise,
Government of Bihar at Patna.
2. The District Magistrate, East Champaran, Bihar.
3. The Superintendent of Police, East Champaran, Bihar.
4. The S.H.O. Motihari Town Police Station, Motihari, East Champaran.
5. The Investigating Officer of Motihari Town P.S. Case No.- 330 of 2025,
Motihari Town Police Station, East Champaran.
6. The S.H.O. Excise Sadar Police Station, Motihari, East Champaran.
7. The Investigating Officer of Excise Sadar P.S. Case No.-1010 of 2025,
Excise P.S. Motihari, East Champaran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Pawan Kumar, Advocate
For the State : Mr. Raj Kishore Ray, G.P.-18
======================================================
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. Petitioner in the present case is seeking the
following reliefs:-
“i) For issuance of writ of mandamus or for
appropriate direction upon the respondent
directing them to release the vehicle (Hero
glamour motorcycle) of the above named
Petitioner bearing Registration No. BR06AH-
7945, Chasis No. - MBLJA06ACD9J07746,
Patna High Court CWJC No.3519 of 2026(3) dt.18-06-2026
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Engine No.- JA06EJD9J07885 which was
seized in Excise Sadar P.S. Case No.- 1010 of
2025 on changed number plate bearing BR-
05AB-4516 on behalf of the present petitioner
who is the registered owner of the seized
vehicle which was stolen on the basis of
Motihari Town P.S. Case No.- 330 of 2025.
(ii) For stay on confiscation proceeding of the
aforesaid vehicle bearing Registration No.-
BR-06AH-7945 and released the
abovementioned vehicle on furnishing bond
and sureties for the satisfaction of District
Magistrate, East Champaran which is seized in
Excise Sadar Motihari P.S. Case No. 1010 of
2025 by changing the number plate bearing
BR05AB-4516 of the abovementioned vehicle
by the accused persons.
(iii) For issuance of any other appropriate writ
order and direction which your lordships may
deemed fit and proper in the fact and
circumstances of the cases.”
3. It is the case of the petitioner that he is the owner of
the motorcycle and the said motorcycle was stolen away on
20.04.2025. In this regard, the petitioner lodged Motihari Town
P.S. Case No. 330/2025 for the offence under Section 303 (2) of
the Bharatiya Nyaya Sanhita (in short ‘BNS’). Copy of the FIR
lodged by the petitioner has been brought on record as
Annexure ‘P/2’. It is submitted that about two months after the
Patna High Court CWJC No.3519 of 2026(3) dt.18-06-2026
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theft of the said vehicle, the same was intercepted by the ASI of
Motihari Excise Police. In course of raid, the motorcycle was
stopped on suspicion on Dhaka- Chainpur road. The person
riding the motorcycle tried to flee after which he was blocked
and stopped. He disclosed his name as Md. Adil. Thereafter, the
motorcycle and the person were checked during which total 126
litres of Nepali liquor was recovered from the three sacks tied
on the bike bearing registration no. BR05AB-4516. This gave
rise to Excise P.S. Case No. 1010 of 2025 dated 24.06.2025 for
the offences under Sections 30(a) & 41(1) of the Bihar
Prohibition and Excise Act, 2016.
4. Learned counsel for the petitioner submits that in
course of investigation of Excise P.S. Case No. 1010 of 2025, it
was found that the number plate of the motorcycle was having a
fake number plate bearing BR05AB-4516, in fact, it was the
motorcycle of the petitioner which was being used for the
transportation of the illicit liquor. It is submitted that in the theft
case, police has found the occurrence true and a final form has
been submitted. It is submitted that earlier counter affidavit was
called for and a copy of the counter affidavit on behalf of
respondent no. 4 has been served upon him.
5. Learned counsel for the State submits that, in fact,
Patna High Court CWJC No.3519 of 2026(3) dt.18-06-2026
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on behalf of respondent no. 4, a counter affidavit was prepared,
sworn and served upon learned counsel for the petitioner but
thereafter, due to certain repairing works going on in the office
of the learned advocate, the file has been misplaced and as a
result whereof, the counter affidavit could not be uploaded
online and the hard copy of the counter affidavit is not available
with him.
6. Having regard to the entire facts and circumstances
and the submissions noted hereinabove, we are of the
considered opinion that instead of keeping the writ application
pending, it would be appropriate to dispose of the writ
application keeping in view the statements present in the
counter affidavit, copy of which has been made available to this
Court by learned counsel for the petitioner and the contents
whereof have not been contested by learned counsel for the
State in course of hearing.
7. It is evident that it is a case of use of stolen vehicle
in carrying illicit liquor. No role of the petitioner has been found
either in the theft of the vehicle or in the transportation of the
liquor through the said vehicle. In such circumstance, the
petitioner cannot be allowed to suffer. The confiscation with
regard to the vehicle in question cannot proceed.
Patna High Court CWJC No.3519 of 2026(3) dt.18-06-2026
5/5
8. In the circumstances, we grant liberty to the
petitioner to file an application seeking release of the vehicle
before the competent authority i.e. the Collector or an Officer
authorized by him. The Competent Authority shall consider the
application and pass an appropriate order for release of the
vehicle in favour of the petitioner. Such order must be passed
within a period of two weeks from the date of production of a
copy of this order.
9. It is made clear that in the facts of the present case,
no role of the petitioner has been found in the transportation of
the illicit liquor by the vehicle in question. The Competent
Authority shall not impose any penalty as a condition to release
the vehicle. This Court has taken this view in number of cases
one of which is Bimlesh Kumar versus The State of Bihar &
Ors. reported in 2026 (1) BLJ 477.
10. This writ application is allowed to the extent
indicated hereinabove.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
Abhishek/-
SUSHMA2
U
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