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Patna High Court

Anish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The e‑rickshaw cannot be confiscated as the vehicle was not used to transport illicit liquor and the owner did not consent, therefore it must be released.

Summary

The petitioner, Anish Kumar, owned an e‑rickshaw that was seized after its driver, Guddu Kumar, allegedly drove while intoxicated and struck a motorcyclist. An FIR was lodged under Sections 281, 125(a) and 125(b) of the Bhartiya Nyaya Sanhita, 2023 and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he had no involvement, the driver had been bailed, and no liquor was recovered from the vehicle, so confiscation was unlawful. The Court examined Sections 30, 37 and 56 of the Bihar Prohibition and Excise Act and held that confiscation requires proof that the vehicle was used to transport illicit liquor and that the owner consented or was complicit. Relying on the precedent Sunaina v. State of Bihar, the Court found neither condition satisfied and ordered the vehicle’s release subject to the petitioner filing an application before the Special Excise Judge. The writ petition was consequently disposed, directing the petitioner to comply with procedural conditions for the vehicle’s return.

Issues considered

  • Whether the seizure and confiscation of the e‑rickshaw is authorized under the Bihar Prohibition and Excise (Amendment) Act when no liquor was found in the vehicle.
  • Whether Sections 30(a) and 56 of the Act apply to the present facts.
  • Whether the owner’s consent or connivance is a prerequisite for confiscation.
  • Whether the petitioner is entitled to relief and release of the vehicle.

Legislation cited

Subjects

  • vehicle seizure
  • confiscation
  • Bihar Prohibition and Excise Act
  • intoxication
  • owner liability
  • property right
  • Article 300A
  • Article 14
  • e‑rickshaw

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No. 4144 of 2026
     ======================================================
     Anish Kumar Son of Kaushal Prasad, Resident of Kailuchak, P.S.-Masaurhi,
     District-Patna, Bihar.
                                                             ... ... Petitioner/s
                                        Versus
1.   The State of Bihar Bihar.
2.   Apar Mukhya Sachiv, Rajaswa evam Utpad Vibhag, Govt. of Bihar, Patna.
3.   Zila Samaharta, Jehanabad.
4.   Police Adhikshak, Jehanabad.
5.   Thana Adhyaksh, Jehanabad.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :     Mr. Rajeev Kumar, Adv.
     For the State            :     Government Pleader-2
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                 and
                 HONOURABLE MR. JUSTICE ARUN KUMAR JHA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date: 30-03-2026

               The present writ petition has been filed for release of the

      seized Toto / e-Rickshaw bearing Registration No. BR-01RB-

      5317, Chassis No. M3JMMMMX1M1K56791 and Motor No.

      20241017363, which has been seized in connection with Ghoshi

      P.S. Case No. 507/2025 dated 22.9.2025, registered under

      Section 281, 125(a) and 125(b) of the Bhartiya Nyaya Sanhita,

      2023 as also under Section 37 of the Bihar Prohibition and

      Excise (Amendment) Act, 2022.
Patna High Court CWJC No.4144 of 2026 dt.30-03-2026
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         2.      The brief facts of the case, according to the petitioner are

         that the E-rickshaw / toto vehicle of the petitioner was being

         driven by one Guddu Kumar on 21.9.2025 and the police

         received information that the said Guddu Kumar, who was

         driving the toto vehicle has hit one motorcycle rider and when

         the police had reached there, they found that the said Guddu

         Kumar was in an inebriated condition, however in the meantime

         the person, who had been hit by the said toto vehicle, was taken

         to the Primary Health Centre, Ghoshi for preliminary treatment,

         but was referred to Jehanabad for better treatment. The said

         incident led to seizure of the toto vehicle on account of the

         driver of the said vehicle, who was driving the same, being in an

         inebriated condition and having hit the motorcycle in question,

         leading to injuries being sustained by the driver of the said

         vehicle. This led to filing of Ghoshi P.S. Case No. 507/2025

         under Section 281, 125(a) and 125(b) of the Bhartiya Nyaya

         Sanhita, 2023 and Section 37 of the Bihar Prohibition and

         Excise (Amendment) Act, 2022.

         3.      The learned counsel for the petitioner has submitted that

         the petitioner is the owner of the toto vehicle in question,

         however the same was being driven by his driver, namely

         Guddu Kumar on the alleged date and time of occurrence, who
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         is alleged to have hit the motorcycle in question, being in an

         inebriated condition, leading to injuries being sustained by the

         rider of the motorcycle in question, hence it is submitted that the

         petitioner is having no complicity in the matter. It is further

         submitted that the driver i.e. Guddu Kumar has already been

         granted bail and moreover, the petitioner is neither in any way

         involved in the alleged occurrence nor he was present at the

         time of the occurrence nor he has been made an accused in the

         aforesaid excise case. Lastly, it is submitted that no recovery has

         been effected from the toto vehicle in question, hence the same

         is not liable to be confiscated.

         4.      Per contra, the learned APP for the Respondent-State has

         though vehemently opposed the prayer of the petitioner for

         release of the toto vehicle in question, however has not denied

         the fact that the FIR in question has been lodged under Section

         37 of the Bihar Prohibition and Excise (Amendment) Act, 2022

         & no recovery has been made from the toto vehicle in question.

         5.      We have heard the learned counsel for the parties and

         gone through the materials on record. At this juncture, we may

         gainfully refer to Section 30 and 37 of the Bihar Prohibition and

         Excise (Amendment) Act, 2018 (hereinafter referred to as “the

         Act, 2018), which are reproduced hereinbelow:-
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                 “30. Penalty for unlawful manufacture, import, export,
                 transport, possession, sale, purchase, distribution, etc. of
                 any intoxicant or liquor.-Whoever, in contravention of
                 any provision of this Act or of any rule, regulation, order
                 made, notification issued thereunder, or without a valid
                 license, permit or pass issued under this Act, or in breach
                 of any condition of any license, permit or pass renewed
                 or authorisation granted thereunder-
                    (a) Manufactures, possesses, buys, sells, distributes,
                    collects, stores, bottles, imports, exports, transports,
                    removes or cultivates any intoxicant, liquor, hemp; or
                    (b) Constructs or establishes or works in any
                    manufactory, distillery, brewery or warehouse; or
                    (c) Manufactures, uses, keeps or has in his possession
                    any material, utensil, implement or apparatus, or uses
                    any premises, whatsoever, for the purpose of
                    manufacturing any intoxicant or liquor; or
                    (d) Manufactures any material or film either with or
                    without the State Government logo or logo of any State
                    or wrapper or any other thing in which liquor or
                    intoxicant can be packed or any apparatus or
                    implement or machine, for the purpose of packing any
                    liquor or intoxicant; or
                    (e) Removes any liquor or intoxicant from any
                    distillery, brewery, warehouse, other place of storage
                    licensed, established, authorized or continued under
                    this Act; or
                    (f) Manufactures, possesses, sells, distributes, bottles,
                    imports, exports, transports or removes, any
                    preparation made with or without the use of any
                    intoxicant or liquor, which can serve as an alcohol or a
                    substitute for alcohol and is used or likely to be used
                    or consumed for the purposes of getting intoxicated;
                        shall be punishable with imprisonment for the term
                  which may extend to life and with fine which may extend
                  to ten lakh rupees.
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                         Provided that the punishment:
                 (a) For the first offence shall not be less than five years
                 imprisonment and fine of not less than one lakh rupees,
                 and
                 (b) For the second and subsequent offences shall not be
                 less than ten years rigorous imprisonment and fine of not
                 less than five lakh rupees.
                 37. Penalty for consumption of liquor. Whoever, in
                 contravention of this Act or the rules, notification or
                 order made thereunder-
                     (a) consumes liquor or intoxicant in any place; or
                     (b) is found drunk or in a state of drunkenness at any
                     place; or
                     (c) drinks and creates nuisance or violence at any
                     place including in his own house or premises; or
                     (d) permits or facilitates drunkenness or allows
                     assembly of drunken elements in his own house or
                     premises;
                 shall be punishable,
                 (1) in case of an offence falling under clause (a) and
                 (b),for the first offence only with fine which shall not be
                 less than Fifty thousand rupees or in lieu thereof sentence
                 for a period of three months imprisonment but for
                 subsequent offence falling under clause (a) and (b), shall
                 be punishable with a term which shall not be less than
                 one year but may extend to five years and with fine,
                 which may extend to one lakh rupees.
                 (2) In case of an offence falling under clause (c) and (d),
                 with a term which shall not be less than five years but
                 which may extend to ten years and with fine, which shall
                 not be less than one lakh rupees which may extend to five
                 lakh rupees."
         6.      A bare perusal of the aforesaid provisions of the Excise

         Act / Rules would show that an offence under Section 30(a) of
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         the Amendment Act, 2018 is made out only in case the

         concerned       person     manufactures,     possesses,   buys,   sells,

         distributes, collects, stores, bottles, imports, exports, transports,

         removes, or cultivates any intoxicant, liquor, hemp etc., however

         in the present case, the offence under Section 30(a) of the

         Amendment Act, 2018 is not made out, inasmuch as there is no

         allegation of transporting of any illicit liquor on the said toto

         vehicle. At best, an offence under Section 37 of the Amendment

         Act, 2018 may be made out on account of the said Guddu

         Kumar having consumed liquor / intoxicant, nonetheless the

         same is yet to be proved.

         7.      Now coming to Section 56 of the Amendment Act, 2022,

         we find that the offence regarding transporting of illicit liquor

         by means of the vehicle in question is required to be made out

         for confiscation under Section 56 of the Amendment Act, 2022,

         however in the present case, no allegation has been levelled to

         the effect that the said Guddu Kumar was transporting any illicit

         liquor by means of the said toto vehicle in question.

         8.      In this regard, we may gainfully refer to a judgment

         rendered by a coordinate Bench of this Court in the case of

         Sunaina vs. State of Bihar & Others, reported in 2024 SCC

         Online Pat. 851, paragraphs no. 24 to 28 are reproduced herein
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         below:-

                  “24. It is also pertinent to note that in the light of
                  various      pronouncements         of   this   Court,   Bihar
                  Government has issued letter dated 07.02.2020 bearing
                  Letter No. 13/HC-06-55/2020-670. The letter has been
                  written by Additional Chief Secretary, Home Department
                  cum Prohibition, Excise and Registration Department to
                  all District Collectors, Police Officers and Excise
                  Officers. By this letter, the Government has clearly stated
                  in para-2 of the letter that as per direction of this Court,
                  such vehicle, from which no liquor has been recovered,
                  will not be confiscated. In para-3 of the letter, the
                  Government has stated that when the vehicle was being
                  driven by the driver in drunken condition but no liquor
                  has been recovered from the vehicle, only the driver
                  would be prosecuted under the Bihar Prohibition and
                  Excise Act, 2016.

                  25. Coming to the case at hand we find that on
                  17.09.2020, the accused Satyendra Kumar and Sunil
                  Yadav were allegedly riding the motorcycle in question
                  and on search 13.9 liter illicit liquor was seized/
                  recovered from the bag kept by the pillion rider, Sunil
                  Yadav in his hand. There is no allegation, as emerging
                  from the FIR, that the contraband was kept/concealed in
                  any part of the motorcycle in question to carry it. In such
                  situation, it would be erroneous to hold that the
                  motorcycle was used to carry the contraband. The word
                  “use” cannot be interpreted liberally giving expansive
                  meaning. It has to be interpreted strictly as it has penal
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                  consequences. Even the object and scheme of the Bihar
                  Prohibition and Excise Act does not warrant expansive
                  interpretation. At most, the persons who were found in
                  illegal possession of the contraband may be prosecuted
                  for offence as committed under the Act.

                  26. We also find that against the petitioner/owner of the
                  vehicle there is no allegation of her direct or indirect
                  involvement in commission of the alleged offence. That is
                  why she has not been made accused in the criminal case
                  registered by the police.

                  27. In view of the aforesaid facts and circumstances of
                  the case, we find that the twin prerequisites for seizure
                  and confiscation of a vehicle under the Bihar Prohibition
                  and Excise Act, 2016 - use of the vehicle in
                  carrying/transporting the liquor or intoxicant and the
                  consent or connivance of the owner of the vehicle in
                  commission of the offence-are not fulfilled. Consequently
                  the vehicle in question is not liable to be seized and
                  confiscated under the Act.

                  28. Hence, the impugned order is arbitrary and hit by
                  Article 14 of the Constitution. It is also violative of
                  Constitutional right of the petitioner to hold property as
                  provided in Article 300 A of the Constitution, which
                  prohibits any deprivation of property without authority
                  of law. The Bihar Prohibition and Excise Act no way
                  authorises the official to seize or confiscate the
                  motorcycle in the alleged facts and circumstances of the
                  case. Hence, the seizure and confiscation of the
                  motorcycle in question is without any authority of law.
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                  The confiscation order, is accordingly liable to be
                  quashed. The petitioner, whose constitutional right to
                  property has been violated, is entitled to adequate
                  compensation. He is also entitled to compensation on
                  account of expenditure and harassment in course of
                  forced litigations.”

         9.      We may also like to mention here that the petitioner had

         filed a petition before the Ld. Court of Special Excise Judge-I,

         Jehanabad for release of the vehicle in question, however the

         said petition has been rejected, vide order dated 5.12.2025 on

         the ground of bar of jurisdiction under Section 60 of the Bihar

         Prohibition and Excise Act, 2016, as amended up to date with

         respect to making any order with regard to release of the vehicle

         in question, inasmuch as the Ld. Collector has been empowered

         to release the vehicle in question under Section 57B of the Act,

         2016, as amended up to date.

         10.     We have heard the learned counsel for the parties and find

         that since the vehicle in question was not being used to transport

         any illicit liquor, no offence is made out under the provisions of

         Section 30(a) of the Amendment Act, 2018. Thus, in case the

         vehicle was not being used for carrying illicit liquor, the same

         cannot be confiscated under Section 56 of the Amendment Act,

         2022. Therefore, in view of the law laid down by a coordinate
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         Bench of this Court in the case of Sunaina (supra) and

         considering the facts and circumstances of the present case as

         also for the foregoing reasons, we find that the toto vehicle in

         question is required to be released in favour of the petitioner,

         subject to him producing documents, showing his ownership of

         the said toto vehicle in question, however subject to such

         conditions, as may be imposed by the Ld. Court of Special

         Excise Judge-I, Jehanabad in connection with Ghoshi P.S. Case

         no. 507/2025.

         11.     In view of the aforesaid, we grant liberty to the petitioner

         to file appropriate application before the Ld. Court of Special

         Excise Judge-I, Jehanabad in connection with Ghoshi P.S. Case

         no. 507/2025 for imposition of such conditions as may be

         deemed fit and proper in order to ensure that the toto vehicle in

         question may be produced before the concerned Court as and

         when required, in view of the aforesaid FIR being also

         registered under Section 281, 125(a) and 125(b) of the Bhartiya

         Nyaya Sanhita, 2023. It is needless to state that in case

         appropriate petition is filed by the petitioner within a period of

         two weeks from today before the Ld. Court of Special Excise

         Judge-I, Jehanabad in connection with Ghoshi P.S. Case no.

         507/2025, the Ld. Court of Special Excise Judge-I, Jehanabad
             Patna High Court CWJC No.4144 of 2026 dt.30-03-2026
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                      shall impose such conditions as may be deemed fit and proper

                      for securing the vehicle as and when required, by passing

                      appropriate orders within a period of two weeks, thereafter.

                      12.      The petitioner shall, thereafter approach the Ld. Collector,

                      Jehanabad along with the said order to be passed by the Ld.

                      Court of Special Excise Judge-I, Jehanabad in connection with

                      Ghoshi P.S. Case no. 507/2025, whereupon subject to the

                      petitioner complying with such conditions as have been fixed,

                      the toto vehicle in question shall be released in favor of the

                      petitioner within a period of two weeks, thereafter subject to the

                      Ld. Collector, Jehanabad being satisfied about the ownership of

                      the petitioner regarding the vehicle in question.

                      13.      The writ petition stands disposed off on the aforesaid

                      terms.


                                              (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)
Ajay/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          10.04.2026
Transmission Date       NA


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