Patna High Court
Balwinder SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ application cannot be entertained as the petitioner has not availed the alternative statutory remedy.
Summary
Balwinder Singh filed a writ petition seeking the release of a vehicle seized in 2020 that contained about 2,232 litres of illicit liquor. The vehicle was seized under a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and the petitioner has been convicted in the related criminal proceeding. The petitioner did not apply for release of the vehicle under the Bihar Prohibition and Excise Rules, 2021, which provides an alternative remedy. The State argued that the petition is inadmissible because the petitioner has not exhausted this statutory remedy. The Court held that the writ petition cannot be entertained when an alternative remedy is available and unavailing, and directed the petitioner to pursue that remedy. Consequently, the writ application was disposed of.
Issues considered
- Whether a writ petition seeking release of a seized vehicle can be entertained when the petitioner has not availed the alternative remedy under the Bihar Prohibition and Excise Rules, 2021.
Legislation cited
Subjects
- writ jurisdiction
- seizure of vehicle
- illicit liquor
- alternative remedy
- criminal conviction
- non‑exhaustion of statutory remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5101 of 2026
======================================================
Balwinder Singh, Son of Brijpal Singh, Resident of Village-Libra, P.S.-
Khana, District-Ludhiyana, State-Punjab.
... ... Petitioner
Versus
1. The State of Bihar through the Excise Commissioner, Bihar, Patna.
2. The Collector cum District Magistrate, Araria, District-Araria.
3. The Excise Superintendent, Araria, District-Araria.
4. The Station House Officer, Araria Police Station, District-Araria.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ajay Prasad, Advocate
For the State : Mr. H.S. Goldie, AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 06-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ application has been filed seeking
a direction to the respondents to release the vehicle in question
from which around 2232 liters of illicit liquors have been seized
and a case being Araria P.S. Case No. 557 of 2020 dated
17.07.2020 under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 has been registered.
3. It appears that the vehicle in question was seized in
the year 2020. There is no averment that the petitioner has ever
applied for release of the vehicle in terms of Bihar Prohibition
and Excise Rules, 2021 (as amended up-to-date) before the
Patna High Court CWJC No.5101 of 2026(2) dt.06-05-2026
2/2
competent authority. The petitioner has been convicted in the
criminal case and the judgment of conviction and order of
sentence is under challenge in Cr. Appeal (SJ) No. 3376 of
2021.
4. Learned counsel for the State submits that since
there is an alternative remedy available to the petitioner which
he has not availed, this writ application may not be entertained.
5. Having regard to the circumstances available on the
record, we are of the opinion that the writ application as framed
cannot be entertained. The petitioner, if so advised, may avail
his alternative remedy whatsoever is available to him in
accordance with law.
6. This writ application stands disposed of.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
SUSHMA2/-
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