Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The High Court held that the petitioner must first approach the District Magistrate or the Confiscating Authority under Rule 12A before seeking relief, and therefore disposed of the writ petition.
Summary
Manish Kumar, owner of a CNG tempo seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, filed a writ petition seeking the vehicle's release, safe custody, and protection from auction. The High Court observed that the petitioner had not invoked the statutory remedy prescribed in Rule 12A of the Bihar Prohibition and Excise Rules, 2021, which requires an application to the District Magistrate or the Confiscating Authority. The State argued that the alternative remedy was available and should be exhausted before approaching the High Court. The Court granted the petitioner a one‑month period to file the appropriate application and directed that the vehicle not be auctioned during that time. The writ petition was consequently disposed.
Issues considered
- Whether the petitioner can obtain relief for the release of a seized vehicle directly from the High Court without first complying with Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- seizure
- vehicle release
- excise law
- writ petition
- statutory remedy
- Rule 12A
- high court
- auction prevention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5010 of 2026
======================================================
Manish Kumar Son of Nandik Ram, Resident of Mohalla- Ambedkar Colony,
Nala Road, Near Dr. Utpal Kant, P.S.- Kadumkuan, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Excise, Dist- Patna.
2. The District Magistrate, District- Patna.
3. The Superintendent of Police, District- Patna.
4. The Police Inspector cum Investigation Officer.
5. The Superintendent of Excise, Patna.
6. The Deputy Superintendent of Excise, Patna.
7. The Executive Magistrate, Sub-division, District- Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Ms. Rashmi Bharti, Advocate
For the Respondent/s : Mr. Deepak Kumar, AC to GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 24-04-2026 Heard learned counsel for the petitioner and learned
AC to GP-4 for the State.
2. The petitioner in the present writ application is
seeking the following reliefs:-
“(a) For the issuance of appropriate writ
order/direction commanding the Respondent
authorities to release the vehicle CNG Tempo
bearing Registration No. BR01 PQ2192,
Engine No. AZXWPD73083, Chassis No.
MD2B47AXXPWD45008 in favour of the
petitioner, who is owner of the seized vehicle
which was seized in Phulwarisharif P.S. Case
Patna High Court CWJC No.5010 of 2026(2) dt.24-04-2026
2/3
No. 1353 of 2024 dated 10.09.2024 under
Sections 30(a) of Bihar Prohibition and
Excise Act, 2016.
(b) For issuance of appropriate
writ/order/direction commanding the
respondent authorities to release the vehicle
of petitioner during the pendency of criminal
case.
(c) For the issuance of appropriate
writ/order/direction commanding the
respondent authorities to make proper
arrangement for safe custody of the said
vehicle which is kept in open sky.
(d) Any other order/orders,
direction/directions, relief/reliefs as your
Lordship deem fit and proper in the facts and
circumstances of the case.”
3. It appears on perusal of the records that the
petitioner being the vehicle owner has been made accused in
this case. The petitioner has not approached the competent
authority in terms of Rule 12A of the Bihar Prohibition and
Excise Rules, 2021 (as amended up to date) (hereinafter referred
to as the ‘Rules of 2021 (as amended up to date)’) for release of
the vehicle in question.
4. Mr. Deepak Kumar, learned AC to GP-4 for the
State submits that the petitioner has an alternative statutory
remedy before the District Magistrate, Patna or the Confiscating
Patna High Court CWJC No.5010 of 2026(2) dt.24-04-2026
3/3
Authority having jurisdiction.
5. Having regard to the facts and circumstances stated
hereinabove and the pleadings on the record, as also keeping in
view the Rule 12A of the Rules of 2021 (as amended up to
date), we grant liberty to the petitioner to approach the District
Magistrate, Patna or the Confiscating Authority, as the case may
be, within a period of one month from today.
6. If any such application is preferred within the given
period, the said authority shall consider the same and pass an
appropriate order within two weeks from the date of filing of the
application.
7. During such time, the vehicle in question shall not
be auction sold.
8. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
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