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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

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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