Created by Fuzzy Cloud

Patna High Court

Suresh Chandra Yadav @ Suresh ChandraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The revision order is set aside, thereby vacating the confiscation orders, and the petitioner may obtain release of the vehicle by paying the penalty prescribed under Rule 12A.

Summary

The petitioner, Suresh Chandra Yadav, challenged the confiscation of his Tata APT truck by the Collector‑cum‑District Magistrate of Kaimur under Section 58(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that the confiscation was unjustified and not in public interest, and that he was willing to pay a penalty under Rule 12A of the Bihar Prohibition and Excise Rules, 2021. The High Court examined the earlier orders – the Collector’s confiscation order, the Commissioner’s dismissal of the appeal, and the Secretary’s dismissal of the revision – and referred to the precedent Manjeet Kumar Yadav v. State of Bihar (2025) regarding the meaning of "public interest". The Court held that the revision order was illegal and set it aside, which automatically nullified the lower orders. It directed that the petitioner may apply for release of the vehicle within 30 days by paying the prescribed penalty, and the competent authority must decide the application within another 30 days. The writ petition was allowed to the extent specified.

Issues considered

  • What is the legal validity of the vehicle confiscation order issued under Section 58(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018?
  • Whether the ground of "public interest" invoked by the authorities is sufficient to justify the confiscation.
  • Whether the petitioner is entitled to release of the vehicle upon payment of a penalty under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.

Legislation cited

Subjects

  • vehicle confiscation
  • excise law
  • public interest
  • penalty
  • certiorari
  • mandamus
  • Bihar Prohibition and Excise Act
  • Rule 12A

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4849 of 2026
                 ======================================================
                 Suresh Chandra Yadav @ Suresh Chandra S/o Balwant Yadav @ Balvanta
                 Yadav R/o Village Kothara Aurai, Sant Ravidas Nagar, Bhadohi, District-
                 Bhadohi (Uttar Pradesh).

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary Excise Department,
                 Bihar, Patna.
           2.    The Director, Excise Department, Bihar, Patna.
           3.    The Excise Commissioner, Bihar, Patna.
           4.    The District Magistrate-cum-Collector, Kaimur, Bhabhua.
           5.    The Superintendent of Police, Excise, Kaimur, Bhabhua.
           6.    The Sub-Divisional Officer, Kaimur, Bhabhua.
           7.    The Station House Officer (S.H.O) Excise, P.S. District-Kaimur, Bhabhua.
           8.    The Investigating Officer of Excise Prohibition, F.I.R. No. 426/2025, Excise
                 P.S - Kaimur, Bhabhua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :         Mr. Pratik, Advocate
                                                      Mr.Pramod Kumar, Advocate
                 For the Respondent/s       :         Mrs. Shally Kumari, AC to SC-24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3   24-06-2026                    Heard learned counsel for the petitioner and learned

                   AC to SC-24 for the State.

                                 2. Petitioner in this case is seeking the following

                   reliefs:-

                                        "A. A writ in the nature of certiorari or any other
                                        appropriate      writ,    order/orders,     directions,
                                        quashing the following:
                                        i. Order dated 12.09.2025 passed in Excise
Patna High Court CWJC No.4849 of 2026(3) dt.24-06-2026
                                            2/4




                           (Vehicle Confiscation) Case No. 22 of 2025 by
                           Collector-cum-District           Magistrate,     Kaimur,
                           Bhabhua confiscating the TATA APT TRUCK
                           bearing registration no. UP63BT-2325 under
                           Section 58 (2) of The Bihar Prohibition and
                           Excise (Amendment) Act, 2018. (Annexure- P/3)
                           ii. Order dated 03.12.2025 passed in Excise
                           Appeal Case No. 176/2025 by Commissioner
                           Excise, Bihar, Patna, dismissing the appeal filed
                           by the Petitioner against the Order dated
                           12.09.2025      passed     by Collector-cum-District
                           Magistrate, Kaimur, Bhabhua by which the
                           Collector-cum-District Magistrate was pleased to
                           confiscate      TATA       APT       TRUCK        bearing
                           registration no. UP63BT-2325. (Annexure - P/4)
                           iii. Order dated 29.01.2026 passed in Excise
                           Revision Case No. 30/2025 by Secretary, Excise
                           Prohibition, Bihar, Patna dismissing the revision
                           filed against the Order dated 03.12.2025 passed in
                           Excise     Appeal        Case     No.     176/2025     by
                           Commissioner Excise, Bihar, Patna. (Annexure -
                           P/5)
                           B. A writ in the nature of mandamus or any other
                           appropriate      writ,        order/orders,    directions,
                           commanding the Respondent for the following:
                           i. To hold the orders contained in Annexure- P/4
                           Annexure-P/2, Annexure-P/3 and P/5 are non-est
                           in the and P15 eye of law.
                           ii. To release the vehicle- TATA APT TRUCK
                           bearing registration no. UP63BT-2325 in favour
                           of the Petitioner forthwith.
                           C. To any other relief/reliefs for which petitioner
Patna High Court CWJC No.4849 of 2026(3) dt.24-06-2026
                                            3/4




                           is found entitled to."
                      3. At the outset, learned counsel for the petitioner

          submits that the confiscation of the vehicle in question by citing

          public interest in not releasing the vehicle is neither legal nor

          justified. In the case of Manjeet Kumar Yadav Vs. The State

          of Bihar & Others reported in 2025 (6) BLJ 797, this Court

          has considered sub-rule (3) of Rule 12A of the Bihar Prohibition

          and Excise Rules, 2021 (As Amended Uptodate) (hereinafter

          referred to as the 'Rules of 2021') and has dealt with the words

          "public interest" as occurring in the said Rule. It is not a word

          of magic and in the garb of public interest the competent

          authority could not have refused release of the vehicle.

                      4. Learned counsel submits that the petitioner is not

          an accused in the case and is willing to get release of the vehicle

          in question by paying a reasonable amount of penalty which

          may be imposed in terms of Rule 12A of the Rules of 2021.

                      5. Learned AC to SC-24 submits that if the petitioner

          applies for release of the vehicle in question and pays the

          penalty as may be fixed by the competent authority, the

          competent authority may be directed to release the vehicle in

          question on payment of penalty.

                      6. Having regard to the kind of submissions recorded

          hereinabove, we set aside the impugned order as contained in
           Patna High Court CWJC No.4849 of 2026(3) dt.24-06-2026
                                                       4/4




                     Annexure-P/5. As a result of setting aside of Annexure-P/5, the

                     orders passed by the Commissioner, Excise (Annexure-P/4) and

                     the order passed by the District Magistrate, Kaimur (Bhabhua)

                     (Annexure-P/3) automatically vanish.

                                 7. The petitioner is at liberty to file an application

                     seeking release of the vehicle on payment of penalty in terms of

                     Rule 12A of the Rules of 2021. If such an application is filed

                     within a period of 30 days from today, the competent authority

                     shall consider the same and pass an appropriate order in

                     accordance with law within a further period of 30 days from the

                     date of filing of the application. While fixing the quantum of

                     penalty, the competent authority would be bound by the Rules

                     wherein the guidelines have already been provided. Learned

                     counsel for the petitioner may place the judgments of this Court

                     before the competent authority.

                                 8. This writ application is allowed to the extent

                     indicated hereinabove.



                                          (Rajeev Ranjan Prasad, J)


                                                ( Kumar Manish, J)
arvind/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.