Patna High Court

Amrita TiwariversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The court granted liberty to the petitioner to file a petition under Rule 12A for release of the seized motorcycle and disposed of the present petition.

Summary

The petitioner, Amrita Tiwari, sought a court order directing the release of a black TVS Radeon motorcycle seized by the Excise Department in connection with a case involving the recovery of 67.20 litres of illicit liquor. The seizure was effected under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 against her husband and another individual. The petitioner’s counsel requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023, seeking release of the vehicle upon payment of a penalty. The court granted this liberty, directing that any such petition filed within four weeks be considered by the competent authority, which must issue a reasoned order within four weeks. Consequently, the present writ petition was disposed of on these terms.

Issues considered

Whether the petitioner is entitled to liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized motorcycle.
Whether the seizure of the motorcycle under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 is procedurally valid.

Subjects

seizure
excise law
illicit liquor
motor vehicle release
penalty
procedural liberty
Rule 12A

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.488 of 2026
                 ======================================================
                 Amrita Tiwari Wife of Pappu Tiwari, Resident of Village-Khajuriya, P.S.-
                 Bhore, District-Gopalganj.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary Excise Department, Govt.
                 of Bihar, Patna.
           2.    The District Magistrate cum Collector, Gopalganj.
           3.    The Superintendent of Police, Gopalganj.
           4.    The S.H.O. Bhore Police Station, District-Gopalganj.
           5.    The Investigating Officer Bhore P.S. Case No. 256 of 2025, Bhore Police
                 Station, District-Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pankaj Kumar Dubey, Advocate
                 For the Respondent/s   :      Mr. Jitendra Kumar Roy-1 SC13
                                               Ms. Usha Kumari Singh, AC to SC13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   19-01-2026                 The present petition has been filed for directing the

                   respondents to release black colour TVS Radeon motorcycle

                   bearing     Registration     No.     BR28AG2805,           Chassis     No.

                   MD625BK23R3N07368, Engine No.                      BK2NR3007285 in

                   favour of the petitioner which has been seized in connection

                   with Bhore P.S. Case No. 256 of 2025 dated 10.06.2025,

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2016 against the husband of the

                   petitioner namely, Pappu Tiwari and one Jagdish Tiwari on
           Patna High Court CWJC No.488 of 2026(2) dt.19-01-2026
                                                       2/2




                     account of recovery of 67.20 liters of illicit country-made liquor

                     from the said motorcycle.

                                 2. The learned counsel for the petitioner has, at the

                     outset, sought liberty on behalf of the petitioner to file

                     appropriate petition under Rule 12A of the Bihar Prohibition

                     and Excise (Amendment) Rules 2023 (hereinafter referred to as

                     the ‘Rules, 2023’) for release of the motorcycle in question

                     upon payment of penalty. Liberty so sought is granted.

                                 3. It is needles to say that in case a petition is filed by

                     the petitioner under Section 12A of the Rules, 2023 within a

                     period of four weeks from today, the competent authority shall

                     consider the same in accordance with law and pass a speaking

                     and a reasoned order within a period of four weeks, thereafter.

                                 4. Accordingly, the present petition stands disposed

                     off on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-

U      T

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