Patna High Court

Dinesh KumarversusThat State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: RAJEEV RANJAN PRASAD SONI SHRIVASTAVA

Holding

Where the involvement of the vehicle's owner is not established, the vehicle must be released without imposing any penalty on the owner.

Summary

The petitioner, Dinesh Kumar, challenged the confiscation of his vehicle by the Excise authorities, alleging that he was not involved in the theft of the vehicle or any alleged liquor transport. The State authorities submitted a final police report confirming the theft but found no link to the petitioner. The High Court examined whether the owner could be penalised when his involvement was not established. It held that, in accordance with judicial precedents, the vehicle must be released without imposing a penalty on the owner. Consequently, the Court granted the petitioner liberty to file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 for release of the vehicle within a stipulated time and disposed of the writ application.

Issues considered

Whether the owner of a confiscated vehicle can be held liable for penalties when he is not found to be involved in the theft or alleged liquor transport
Whether the vehicle must be released without penalty under the Bihar Prohibition and Excise Rules, 2021

Subjects

vehicle confiscation
excise law
theft
owner liability
Rule 12A
Bihar Prohibition and Excise Rules
release of vehicle

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4821 of 2026
                 ======================================================
                 Dinesh Kumar Son of Vinod Pandit, Resident of village - Jhitkahiya, P.S.-
                 Lakhaure, District - East - Champaran, Motihari.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    That State of Bihar through the Principal Secretary, Excise and Prohibition
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Excise and Prohibition Department, Government of
                 Bihar, Patna.
           3.    The Excise Commissioner, Government of Bihar, Patna.
           4.    The District Magistrate, District- Motihari at East Champaran.
           5.    The Senior Superintendent of Police, District- West Champaran at Bettiah.
           6.    The Superintendent of Police, Motihari, District - East Champaran.
           7.    The Deputy Superintendent of Police, District - East Champaran.
           8.    The S.H.O., P.S.- Sugauli, District - Motihari, East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Rajesh Kumar, Advocate
                 For the Respondent/s   :      Mr. Kumar Alok, SC-7
                                               Ms. Rashmi Ranjan, AC to SC-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   22-04-2026                 Ms. Rashmi Ranjan, learned AC to SC-7 for the State

                   has informed that the instruction has come in which it has been

                   informed that police has already submitted a final form in the

                   theft case wherein it has been found that the occurrence is true

                   but no clue. It is, therefore, evident that the name of the

                   petitioner has not transpired in the alleged theft of the vehicle.

                               2. In the aforesaid view of the matter, we grant liberty
           Patna High Court CWJC No.4821 of 2026(2) dt.22-04-2026
                                                       2/2




                     to the petitioner to file an application under Rule 12A of the

                     Bihar Prohibition and Excise Rules, 2021 (as amended

                     uptodate) (hereinafter referred to as the 'Rules of 2021') before

                     the confiscating authority within one month from today. On

                     filing of such an application, the confiscating authority shall

                     consider the same and pass an appropriate order for release of

                     the vehicle in question within two weeks from the date of the

                     application. The confiscating authority shall keep in mind the

                     judicial pronouncements on the subject in which it has been held

                     that where the involvement of the owner of the vehicle is not

                     found in the theft of the vehicle or in the alleged transportation

                     of the liquor in question, the vehicle in question shall be allowed

                     to be released without burdening the owner of the vehicle with

                     the imposition of a penalty.

                                 3.    This     writ    application   stands   disposed   of

                     accordingly.



                                          (Rajeev Ranjan Prasad, J)


                                               ( Soni Shrivastava, J)
arvind/-

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