Patna High Court
Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to seek release of the seized truck by filing an application under Rule 12A(2) of the Rules, 2023, and the competent authority must decide the application within two weeks.
Summary
The petitioner, Manoj Kumar Yadav, filed a writ petition seeking the release of a Tata truck seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged involvement in the recovery of illicit foreign liquor. The High Court granted the petitioner liberty to file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The Court directed that the application be filed within two weeks and that the competent authority decide the matter on merits and issue a reasoned order within another two weeks. No substantive determination on the merits of the seizure was made. The writ petition was consequently disposed subject to the stipulated procedural steps.
Issues considered
- What procedural relief, if any, is available to a petitioner seeking release of a vehicle seized under the Bihar Prohibition and Excise (Amendment) Act, 2018?
- Whether the petitioner must first file an application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 to obtain release of the seized vehicle.
Subjects
- seizure
- motor vehicle
- excise law
- writ petition
- provisional relief
- Rule 12A
- penalty
- illicit liquor
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4019 of 2026
======================================================
Manoj Kumar Yadav son of Manbodh Yadav, Permanent resident of Village-
Sherpur, Near Shiv Mandir, P.S.- Churamanpur, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Bailey
Road, P.S.- Kotwali, Patna-1.
2. The Principal Secretary, Excise, Bailey Road, Patna-1.
3. The Collector, Buxar.
4. The Superintendent, Excise, Buxar.
5. The Superintendent of Police, Buxar.
6. The Station House Officer, Krishnabrahma P.S., Buxar.
7. Mr. Bharat Yadav, Investigating Officer, Krishnabrahma P.S.Case No. 164 of
2025, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Nath Verma, Adv.
For the Respondent/s : Mr.Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 30-03-2026 The present writ petition has been filed for release of the
Tata Truck bearing Registration No. UP53DT7974, Chassis No.
MAT466429GHYN14200 and Engine No.
S03082461J84338711, which has been seized in connection
with Krishnabrahma P.S. Case No. 164 of 2025 dated
16.11.2025, registered under Section 30(a) of the Bihar
Prohibition and Excise(Amendment) Act, 2018 on account of
recovery of 259.2 liters of illicit foreign liquor.
Patna High Court CWJC No.4019 of 2026(2) dt.30-03-2026
2/2
2. At the outset, the Ld. Counsel for the petitioner seeks
liberty on behalf of the petitioner to file appropriate application
under Rule 12A(2) of the Bihar Prohibition and Excise
(Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules,
2023’) for release of the Tata Truck in question on 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(2) of the Rules, 2023
within a period of two weeks from today, the competent
authority shall consider the same on merits and pass a reasoned
and a speaking order within a period of two weeks, thereafter.
4. The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
Ajay/-
U
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