Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed; the Court will not interfere with the seizure of the vehicle under the excise statutes.
Summary
Petitioner Mukesh Kumar filed a writ petition seeking the release of his vehicle seized by excise authorities in connection with a case involving 1,343.4 litres of illicit liquor. He claimed ownership of the vehicle, argued that it was being kept unattended at the police station, and requested that the penalty be reduced to the minimum 10% of the insured value as per Rule‑12A of the Bihar Prohibition and Excise Act. The respondents relied on the seizure under Section 30(a) and Section 32 of the Bihar Prohibition and Excise Amendment Act, 2022. The Court examined whether the extraordinary writ jurisdiction could be invoked to disturb the seizure order. Considering the substantial quantity of illicit liquor involved, the Court declined to interfere with the excise authority’s action and dismissed the writ petition. The petition was therefore dismissed in its entirety.
Issues considered
- What is the legality of the seizure of the vehicle under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022?
- Whether the penalty imposed on the petitioner should be rectified to the minimum 10% of the insured value under Rule‑12A of the Bihar Prohibition and Excise Act, 2016?
- Whether the petitioner’s claim of ownership and the vehicle’s storage under open sky justify the release of the seized vehicle?
- Whether the High Court can exercise its extraordinary writ jurisdiction to interfere with the excise authority’s seizure order?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 12A
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32
Subjects
- seizure
- excise law
- penalty reduction
- writ jurisdiction
- vehicle ownership
- illicit liquor
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5104 of 2026
======================================================
Mukesh Kumar, S/o-Dhurup Prasad, R/o-Hafua Jeewan, P.S- Taryasujan,
District- Kusshinagar (U.P)
... ... Petitioner
Versus
1. The State of Bihar Through, Secretary Department of Excise, Bihar Patna.
2. The District Magistrate, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The S.H.O Excise P. S, District Gopalganj
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ashish Kumar Jha, Advocate
Mr. Deepankar Raj, Advocate
For the Respondents : Mr. Alok Ranjan, AC to AAG-5
======================================================
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
AC to AAG-5 for the State.
2. The petitioner in the present writ application is
seeking the following reliefs:-
“i. For directing and commanding the respondent
authorities to release the vehicle, bearing
Registration No.-UP57BT7015, Engine No.-
TTR1C28418 and Chassis No.-
MA1ZN2TTKR1C36472 in favour of the
petitioner which has been seized in connection
with Excise P.S. Case No. 540 of 2025 registered
on 02.09.2025 under Section 30(a) and 32 of
Bihar Prohibition and Excise Amendment Act
2022 and further prayer of the petitioner is to
rectify the amount fined by S.D.O. Gopalganj and
Patna High Court CWJC No.5104 of 2026(2) dt.06-05-2026
2/2
further prayer of the petitioner is to impose the
minimum penalty according to 12A of Bihar
Prohibition and Excise Act-2016, i.e., 10% of the
insured value which is equivalent to 73,670.
ii. For directing and commanding the respondent
authorities to release the vehicle in the favour of
the petitioner on the ground that the petitioner is
the owner of the said vehicle and same is lying
under open sky in the police station as nobody is
there to take care of the vehicle.
iii. For directing and commanding the respondent
authorities to rectify the amount under Rule-12A
of Bihar Prohibition and Excise Amendment Act-
2022.
iv. For issuance of any other relief or relief(s) for
which the petitioner is entitled for.”
3. Considering that 1343.400 liters of illicit liquors are
said to have been seized from the vehicle involved in
transportation of the same, we are not inclined to exercise our
extraordinary writ jurisdiction to interfere with the impugned
order.
4. The writ application is dismissed.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
SUSHMA2/-
U
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