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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

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
                                            4/5




          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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