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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to file an application under Rule 12A before the competent authority within one month.

Summary

The petitioner, Sunita Devi, sought relief to obtain release of a vehicle that had been seized by the State of Bihar authorities. The Court noted that a confiscation proceeding had already been initiated against the vehicle. The petitioner’s counsel proposed filing an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 before the competent authority for the vehicle’s release. The Court granted the petitioner liberty to file such an application within one month and directed that the competent authority decide the application within a month of its filing. The order also allowed the petitioner to present relevant legal provisions and judicial precedents to the authority. The application was disposed of by granting this liberty.

Issues considered

  • Whether the petitioner may file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 for release of a seized vehicle while a confiscation proceeding is pending?

Legislation cited

Subjects

  • confiscation proceeding
  • vehicle seizure
  • Rule 12A
  • Bihar Prohibition and Excise Rules
  • writ jurisdiction
  • release of seized property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5529 of 2026
                 ======================================================
                 Sunita Devi W/o Santosh Kumar Choudhary, R/o Mohalla Ward no 28, Koir-
                 purwa, PS Buxar (T), Dist.- Buxar.

                                                                            ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Excise and Prohibition
                 Govt. of Bihar, Patna.
           2.    The Director General of Police, Govt. of Bihar, Patna.
           3.    The Excise Commissioner of Bihar, Patna.
           4.    The District Magistrate-cum-Collector, Buxar.
           5.    The Superintendent of Police, Buxar.
           6.    The S.H.O. Buxar (T), Police Station, Dist. Buxar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Dr. Kamal Deo Sharma, Advocate
                                                 Mr. Tushar Vaibhav, Advocate
                 For the State            :      Mr. Raghwendra Kumar (SC-22)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   09-07-2026                        Having heard learned counsel for the petitioner and

                   the State, this Court finds that a confiscation proceeding has

                   already been initiated in this case for confiscation of the vehicle

                   in question.

                                 2. Learned counsel for the petitioner submits that, in

                   such circumstance, he will file an application under Rule 12A of

                   the Bihar Prohibition and Excise Rules, 2021 (as amended up-

                   todate) before the competent authority/ authorised officer for

                   release of the vehicle in question.
            Patna High Court CWJC No.5529 of 2026(2) dt.09-07-2026
                                                        2/2




                                  3. In such circumstance, we grant liberty to the

                      petitioner to make appropriate application before the competent

                      authority/ authorised officer within a period of one month from

                      today. If such an application is preferred, the same shall be

                      considered by the competent authority and an appropriate order

                      thereon shall be passed within a period of one month after filing

                      of the application.

                                  4. It will be open to the petitioner to place the legal

                      provisions as well as judicial pronouncements on the subject

                      before the competent authority/ authorised officer.

                                  5. This application stands disposed of accordingly.



                                                           (Rajeev Ranjan Prasad, J)


                                                                     (Kumar Manish, J)
ritwika/-

U


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