Patna High Court
Vikash Madhyesia @ Vikas MadhyesiaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is not maintainable; the petitioner must first seek relief under the statutory remedy prescribed in Rule 12A before approaching the court.
Summary
Vikash Madhyesia filed a writ petition seeking the release of his seized Apache motorcycle, which was confiscated in connection with a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Narcotic Substances Act, 2023. The petitioner invoked Rule 12A of the Bihar Prohibition and Excise Rules, 2021, but approached the High Court directly instead of the prescribed statutory forum. The Court observed that the petitioner must first exhaust the statutory remedy before invoking the writ jurisdiction. Accordingly, the writ was disposed of, and the petitioner was directed to file an application before the Collector or an authorized officer within 30 days, after which the authority must decide within another 30 days. The Court also noted that 9 litres of illicit liquor were recovered with the vehicle and that any penalty should consider the quantity and the petitioner’s prior involvement.
Issues considered
- Whether a writ petition for the release of a vehicle seized under the Bihar Prohibition and Excise (Amendment) Act, 2022 is maintainable when the petitioner has not exhausted the remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
Subjects
- writ jurisdiction
- seizure of vehicle
- excise law
- statutory remedy
- Rule 12A
- illicit liquor
- penalty assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4059 of 2026
======================================================
Vikash Madhyesia @ Vikas Madhyesia, Son of Nawab Madhyesia, Resident
of Village - Duhauna, P.O. - Kateya, P.S. - Kateya, District - Gopalganj.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department,
Govt. of Bihar, Patna.
3. The Collector-cum-District Magistrate, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The S.H.O. Kateya, District-Gopalganj.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Adarsh Ranjan, Advocate
For the State : Mr. Ajit Kumar Jha, AC to GP-2
======================================================
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 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner in the present case is seeking the
following reliefs:-
“(i) For a direction upon the Respondents,
particularly Respondent No. 3 to 5 to release the
Apache Motorcycle bearing Reg. No.
BR28Z1120, Chassis No.
MD634AE82L2F09646, Engine No.
AEBFL2710165, in favour of the petitioner
which was seized in connection with Kateya
Case No. 482 of 2025 dated 25.08.2025
registered u/s 317(5) of BNS 2023; and Sections
Patna High Court CWJC No.4059 of 2026(3) dt.22-06-2026
2/3
30(a), 41(1) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
(II) For any other relief or reliefs as the
Petitioner may found entitled by this Hon’ble
Court be given.”
3. On perusal of the writ application, it appears that
the petitioner has availed the remedy available to him under
Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as
amended up-to-date). 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.
4. This writ application is being disposed of with
liberty to the petitioner to file an appropriate application in the
prescribed form before the competent authority i.e. the Collector
or an officer authorised by him within a period of 30 days from
today. If such an application for release of the vehicle is filed
before the competent authority, the same shall be considered and
disposed of within a period of another 30 days.
5. Let it be recorded that total 9 liters of illicit liquor
have been recovered from the sack kept near the seized vehicle
in question. Before fixing penalty amount, the competent
authority shall keep in mind the quantum of the liquor as also
the previous involvement of the petitioner in Excise Case. It is
Patna High Court CWJC No.4059 of 2026(3) dt.22-06-2026
3/3
open to the petitioner to place the judicial pronouncements on
the subject at the time of hearing of the matter before the
competent authority.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
SUSHMA2/-
U
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