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Patna High Court

Naval Kishor YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A vehicle is liable to confiscation only when it is found engaged in the transportation of liquor; therefore, the confiscation proceeding against the motorcycle must be halted.

Summary

The petitioner, Naval Kishor Yadav, owned a Yamaha R15 motorcycle that was seized by the Babubarhi police after he fled the scene when they intercepted his pickup van carrying illicit liquor. The petitioner argued that the motorcycle was not used to transport liquor and should be released, while the State contended that the seizure was justified because the petitioner abandoned the bike and fled, initiating a confiscation proceeding. The court examined the facts and held that under the Bihar Prohibition and Excise Act, a vehicle can be confiscated only if it is found to be engaged in the transportation of liquor. Since no liquor was found on the motorcycle, the confiscation proceeding could not continue. The court directed the petitioner to apply for release under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2016, and disposed of the writ application.

Issues considered

  • Whether the seizure and confiscation of the motorcycle is permissible under the Bihar Prohibition and Excise Act when the vehicle was not used to transport illicit liquor.
  • Whether the confiscation proceeding against the motorcycle can lawfully continue.

Legislation cited

Subjects

  • seizure
  • confiscation
  • motor vehicle
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • writ jurisdiction
  • release of seized property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5440 of 2026
                 ======================================================
                 Naval Kishor Yadav Son of Mahesh Yadav, Resident of Village- Jogiya, P.S.-
                 Ladaniya, District- Madhubani.
                                                                             ... ... Petitioner
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Development of
                  Registration and Excise, Government of Bihar.
           2.    The District Magistrate, Madhubani.
           3.    The Superintendent of Police, Madhubani.
           4.    The Sub-Divisional Officer, Madhubani.
           5.     The S.H.O. Babubarhi Police Station, District- Madhubani.
                                                                          ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Rananjay Kumar, Advocate
                                                Mr. Sharfaraj Ahmad, Advocate
                                                Mr. Bhavesh Kumar Sah, Advocate
                 For the Respondent/s    :      Mr. Uday Shankar Singh, GP-19
                 ======================================================
                 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 the State.

                                 2. The petitioner in this case is seeking the following

                   relief(s):-

                                        (i) For commanding the respondent authorities to
                                        release the YAMAHA R15 motorcycle bearing
                                        Registration No. BR32AX 8119, in favour of the
                                        petitioner who is the owner of the motorcycle in
                                        question and said vehicle was seized of pursuance
                                        to Babubarhi P.S. Case No. 460 of 2025 dated
                                        07.10.2025 for the offence alleged registered
                                        under section 30(a), 41 of the Bihar Prohibition
                                        and Excise Act. In this way vehicle in question
                                        has been parked in the premise of Babubarhi
                                        Police Station causing decay of motorcycle on day
                                        to day as the same has been parked in open space
Patna High Court CWJC No.5440 of 2026(2) dt.07-07-2026
                                            2/3




                               without any use and in absence of any state
                               hanger.
                               (ii) An for grant any other relief(s) as per the facts
                               and circumstances of this case.”
                      3. It appears that the S.H.O. of Babubarhi Police

          Station intercepted a white colour Pickup van which was

          carrying illicit liquor of 2006.640 litres. It is alleged that this

          petitioner is the owner of the said Pickup van and he was

          personally escorting the vehicle. He was riding a YAMAHA R15

          motorcycle. After seeing the police party, the petitioner fled away

          leaving his motorcycle which has also been seized by police.

                      4. Learned counsel for the petitioner submits that it is

          evident from the facts of the case that the motorcycle was not

          transporting any liquor. The liquors have been found allegedly

          loaded on the Pickup van. It is his submission that so far as the

          motorcycle is concerned, it may be ordered to be released.

                      5. On the other hand, learned counsel for the State,

          submits that the motorcycle has been seized not for carrying the

          illicit liquor but because it was found that the petitioner was

          riding the said motorcycle and he was coming behind the Pickup

          vehicle. On seeing the Police vehicle, petitioner had left his

          motorcycle and fled away. Learned counsel for the State submits

          that in such circumstance, the motorcycle has been seized and a

          confiscation proceeding has been initiated.

                      6. We have considered the rival submissions at the Bar.
            Patna High Court CWJC No.5440 of 2026(2) dt.07-07-2026
                                                        3/3




                      The admitted position is that no liquor was being transported by

                      the motorcycle in question. In such circumstance, the motorcycle

                      cannot be liable for confiscation.

                                  7.    We,     therefore,     direct   that   the   confiscation

                      proceeding shall not continue against the motorcycle in question.

                                  8. If the petitioner applies for release of the motorcycle

                      in the prescribed format in terms of Rule 12(A) of the Bihar

                      Prohibition and Excise Rules, 2016 (as amended up-to-date)

                      before the competent authority, the same shall be considered and

                      disposed of by a reasoned order within a period of 30 days from

                      the date of filing of the application. The competent authority

                      shall keep in mind that under the provisions of the Bihar

                      Prohibition and Excise Act, 2016 (as amended upto date), a

                      vehicle is liable to be confiscated only when it is found engaged

                      in transportation of liquor.

                                  9. This writ application stands disposed of accordingly.



                                           (Rajeev Ranjan Prasad, J)


                                                 (Kumar Manish, J)
Ranjeet/-

U


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