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Patna High Court

Raghvendra SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order confiscating the vehicle under section 30(a) of the Bihar Prohibition and Excise Act, 2016 is set aside as the meager quantity of liquor does not constitute unlawful transportation.

Summary

The petitioner, Raghvendra Singh, owner of a commercial vehicle, challenged the confiscation of his vehicle ordered by the Additional Collector cum Additional District Magistrate, Buxar, on the ground that only 1.68 litres of whiskey was recovered from beneath a passenger’s seat. He argued that the liquor was in the possession of a passenger who fled, and there was no evidence of his complicity, invoking the precedent of Sunaina @ Suneina v. State of Bihar which held that a meager quantity found with a driver does not constitute unlawful transportation under the Bihar Prohibition and Excise Act. The respondents contended that the vehicle was liable for confiscation and the owner should pay 40 % of the insured value. The Court examined the facts, noted the absence of any finding of the owner’s involvement, and relied on the earlier judgment to conclude that the quantity was insufficient to attract liability under section 30(a). Consequently, the Court set aside the confiscation order and directed the immediate release of the vehicle. The writ petition was allowed.

Issues considered

  • Whether the seizure of a vehicle under section 30(a) of the Bihar Prohibition and Excise Act, 2016 is justified when only a meager quantity of liquor (1.68 litres) is found in the possession of a passenger and not the owner.
  • Whether the owner of a commercial vehicle can be held liable for unlawful transportation of liquor without any evidence of his complicity.

Legislation cited

Subjects

  • Excise law
  • Unlawful transportation
  • Vehicle seizure
  • Bihar Prohibition and Excise Act
  • Meager quantity of liquor
  • Writ petition
  • Civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5268 of 2026
                 ======================================================
                 Raghvendra Singh, S/o Late Kailash Singh, R/o- Village- Singhpur, P.S.-
                 Fefana, District- Ballia (U.P.).
                                                                             ... ... Petitioner
                                                     Versus
           1.     The State of Bihar through Principal Secretary, Department of Excise
                  Department, Government of Bihar, Patna.
           2.    The Commissioner, Excise Department, Patna, Bihar.
           3.    The Collector cum District Magistrate, Buxar.
           4.    The Superintendent of Police, Buxar.
           5.     The Officer-in-Charge, Police Station- Ram Das Rai Ke Dera, District-
                  Buxar.
                                                                      ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Ravindra Kumar, Advocate
                                                Mr. Sandeep Kumar Pandey, Advocate
                 For the Respondent/s    :      Mr. K.K. Singh, AC to GP-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   07-07-2026                    Heard learned counsel for the petitioner and learned AC

                   to GP-22 for the State.

                                 2. The petitioner in this case is aggrieved by and

                   dissatisfied with the order dated 19.01.2026 passed by the Additional

                   Collector cum Additional District Magistrate, Buxar in confiscation

                   case having Miscellaneous (Excise) Case No. TR-14/2026/14/2026:

                   State vs. unknown arising out of Ram Das Rai Ke Dera P.S. case

                   No.-47/2025 registered under section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016 (as amended up-to-date).

                                 3. Learned counsel for the petitioner submits that as per
Patna High Court CWJC No.5268 of 2026(2) dt.07-07-2026
                                            2/3




          the First Information Report being Ram Das Rai Ke Dera P.S. Case

          No. 47 of 2025 dated 22.11.2025, 1.680 liters of liquor was found in

          a plastic bag recovered from beneath the seat of the rear passenger on

          the vehicle. Learned counsel for the petitioner submits that the

          vehicle in question has been registered as a commercial vehicle. It

          appears that one of the passengers on the vehicle was carrying a

          meager quantity of liquor in his bag which was not within the

          knowledge of the owner of the vehicle. The owner is not an accused

          in this case. For such a meager quantity of liquor found from the

          possession of the passenger, it cannot be said that the vehicle in

          question was transporting illicit liquors. Which is not a case of

          unlawful transportation of liquor. Reference in this regard has been

          made to the judgment of this Court in the case of Sunaina @

          Suneina versus State of Bihar and Ors. reported in 2024 (3) BLJ

          163.

                      4. A counter affidavit has been filed by the Superintendent

          of Excise, Buxar. It is admitted that total 1.680 liters of whiskey was

          found in possession of a person on the vehicle who tried to flee away.

          According to the respondent, the petitioner would be liable to pay

          40% of the insured value which will come to Rs.4,09,640/-( Rupees

          Four Lakhs/-) in this case.

                      5. Having heard learned counsel for the petitioner and

          learned AC to GP-22 for the State as also on perusal of the records,

          this Court finds that a meager quantity of 1.680 liters of Whiskey is
          Patna High Court CWJC No.5268 of 2026(2) dt.07-07-2026
                                                      3/3




                    said to have been recovered from beneath the seat of the rear

                    passenger on the vehicle. In this regard, there is no statement that

                    complicity of the owner of the vehicle was also found. In the case of

                    Sunaina @ Suneina versus State of Bihar and Ors. reported in

                    2024 (3) BLJ 163, this Court had occasion to consider a matter in

                    which meager quantity of liquor was found from the possession of

                    the driver of a vehicle. It has been held that this would not be a case

                    of transportation of liquor as envisaged under the scheme of the

                    Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).

                                6. Having regard to settled position by the judicial

                    pronouncements, in the facts of this case, we set aside the order dated

                    19.01.2026 in Miscellaneous (Excise) Case No. TR-14/2026/14/2026

                    passed by the Additional Collector cum Additional District

                    Magistrate, Buxar and directs release of the vehicle bearing

                    Registration No. UP-32PU-6596 forthwith.

                                7. This writ application stands allowed.



                                         (Rajeev Ranjan Prasad, J)


                                               (Kumar Manish, J)
amitkumar/-

U


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