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
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
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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