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Patna High Court

Vinod MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must first avail the statutory remedy under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021.

Summary

Vinod Mahto filed a writ petition in the Patna High Court seeking the release of his E‑Rickshaw, which had been seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, after 49 litres of liquor were recovered. The Court observed that the petitioner had bypassed the statutory remedy provided under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021, which allows an application for release and penalty determination. Since an alternative remedy was available, the Court declined to entertain the writ petition. The Court directed the petitioner to file an application under the said rule, after which the competent authority would decide within 30 days. Consequently, the writ petition was disposed of without any order for release of the vehicle.

Issues considered

  • Whether a writ petition seeking release of a seized vehicle is maintainable when a specific statutory remedy under the Bihar Prohibition and Excise Rules is available.
  • Whether the High Court can entertain the petition in lieu of the alternative remedy prescribed by law.

Legislation cited

Subjects

  • writ jurisdiction
  • seizure of vehicle
  • excise law
  • alternative statutory remedy
  • procedural law
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5409 of 2026
                 ======================================================
                 Vinod Mahto Son of Ram Sagar Mahto, Resident of Village- Bhuwali Tola,
                 Khawajepur, P.S. Gopalganj, District- Gopalganj.

                                                                     ... ... Petitioner
                                                    Versus
           1.    The State of Bihar through The Principal Secretary, Department of
                 prohibition and Excise, Govt. of Bihar, Patna.
           2.    The District Magistrate, Gopalganj.
           3.    The Superintendent of Excise, Gopalganj.
           4.    The Officer-in-Charge, Gopalganj Police Station, Dist. Gopalganj.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Dhramveer, Advocate
                 For the State         :       Mr. R.P.N. Tiwari, Advocate, AC to SC 25
                 ======================================================
                 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 parties.

                                2. Petitioner in the present writ application is seeking

                   for a direction upon the respondents to release his seized vehicle

                   i.e. Unique E-Rickshaw bearing Registration No. BR28ER6192,

                   Chassis No. MD9XBRKEDJH209351, which is seized in

                   connection with Kuchaikot P.S. Case No. 118 of 2026 dated

                   08.03.2026 under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2018.

                                3. It seems that the petitioner has directly approached

                   this Court for release of the E-Rickshaw from which 49 liters of
            Patna High Court CWJC No.5409 of 2026(2) dt.07-07-2026
                                                        2/2




                      liquor is said to have been recovered.

                                  4. This Court refuses to entertain a writ application

                      filed without availing the alternative statutory remedy already

                      available to the petitioner.

                                  5. If the petitioner applies for the statutory remedy of

                      Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 (as

                      amended up-to-date), the same will be considered by the

                      competent authority under the rules and an appropriate order

                      thereon shall be passed within 30 days from the date of filing of

                      the application. While fixing the amount of penalty, the

                      competent authority shall keep in mind the factors provided for

                      this purpose under the rules.

                                  6. The writ application stands disposed of.



                                           (Rajeev Ranjan Prasad, J)


                                                 (Kumar Manish, J)
ritwika/-

U


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