Akhilesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4051 of 2026
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                 Akhilesh Kumar S/o Ramgilash Turiya, Resident of Village-Ektara, P.O.-
                 Sughari, P.S.-Nawada, Dist.-Nawada, State-Bihar.
                                                                            ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Principal Secretary Excise Department,
                  Government of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The Collector, Nawada.
           4.    The Sub Divisional Officer Nawada Sub Division, Dist.-Nawada.
           5.    The Superintendent of Police, Nawada.
           6.    The Superintendent of Excise, Nawada.
           7.     The SHO Excise Govindpur Police Station, Dist.-Nawada, Bihar.
                                                                        ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Anil Kumar Sinha, Adv.
                                                Mr. Pramod Kumar Verma, Adv.
                 For the Respondent/s   :       Mr. Ravi Ranjan, AC to SC-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3   22-06-2026                   Let the counter affidavit of the State be taken on the

                   record.

                                 2. Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 3. The petitioner in the present case is seeking the

                   following reliefs:-

                                         “(i) For issuance of a direction to the
                                         Respondents to release the Honda motorcycle
                                         of the petitioner on bail bearing Registration
                                         No.   –   JH11AQ2403,        Engine    No.    –
Patna High Court CWJC No.4051 of 2026(3) dt.22-06-2026
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                                JC94EG0623236,           Chassis   No.     –
                                ME4JC941DRG167428 which was alleged to
                                be seized by Police Sub Inspector Govindpur
                                Thana, Dist. – Nawada carrying illegal wine
                                in connection with Govindpur P.S. Case No.
                                305/2025.
                                (ii) To direct the respondents to release the
                                motorcycle to the petitioner after payment of
                                penalty.
                                (iii) To grant any other reliefs to which the
                                petitioner may be found entitled in the facts
                                and circumstances of this case.”


                      4. On perusal of the writ application, it appears that

          the petitioner has not availed the remedy available to him under

          Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as

          amended up-to-date) (hereinafter referred to as the ‘Rules of

          2021’). He has moved directly before this Court in its writ

          jurisdiction. We would not encourage the petitioner to avoid the

          statutory remedy available to him.

                      5. This writ application is being disposed of with

          liberty to the petitioner to file an appropriate application in the

          prescribed format before the Competent Authority i.e the

          Collector, Nawada or an officer authorized by him in Form-IV

          under Rule 12A of the Rules of 2021 within a period of 30 days

          from today. If such an application for the release of the vehicle
        Patna High Court CWJC No.4051 of 2026(3) dt.22-06-2026
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                  is preferred before the Competent Authority, the same shall be

                  considered and disposed of within a period of another 30 days.

                               6. Let it be recorded that four Royal Stag bottles of

                  180 ml, total being 720 ml of foreign made liquor have been

                  seized from the vehicle in question. Therefore, before fixing the

                  penalty amount, the Competent Authority shall keep in mind the

                  quantum of the liquor as also the previous involvement of the

                  petitioner, if any. It is open to the petitioner to place all the

                  judicial pronouncements on the subject before the Competent

                  Authority.



                                       (Rajeev Ranjan Prasad, J)


                                             ( Kumar Manish, J)
Abhishek/-
SUSHMA2/-

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