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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

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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