Patna High Court

Dharmendra Kumar @ Dharmendra KrversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court directed the petitioner to file a petition under Section 12A within two weeks and ordered the Collector to decide the matter within four weeks, thereby disposing the writ petition.

Summary

The petitioner, Dharmendra Kumar, sought a direction from the Patna High Court to compel the Collector of Gaya to dispose of his application filed under Section 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the release of his Scorpio vehicle seized under an excise case invoking Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016. The Court noted that the application had been sent by post and, to expedite the matter, granted the petitioner liberty to file the appropriate petition within two weeks, attaching a copy of the order. It further directed the Collector/Authorized Officer to consider the petition in accordance with law and to pass a speaking, reasoned order within four weeks, subject to payment of the prescribed penalty. The Court disposed of the writ petition on these terms, without ordering immediate release of the vehicle.

Issues considered

What authority does the High Court have to direct the Collector to dispose of an application filed under Section 12A of the Rules, 2023?
Whether the petitioner is entitled to the release of the seized vehicle upon payment of penalty under the Bihar Prohibition & Excise Act, 2016.

Subjects

vehicle seizure
excise law
release of seized property
Section 12A
penalty
writ jurisdiction
Bihar Prohibition & Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.560 of 2026
                 ======================================================
                 Dharmendra Kumar @ Dharmendra Kr Son of Rajendra Prasad, Resident of
                 Vindhyavasini Gas Agency, Behind Bharat Gas Agency, Ambair Rahui Road,
                 Police Station- Bihar Sharif, District- Nalanda.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Excise,
                 Government of Bihar, Patna.
           2.    The District Magistrate cum Collector, Gaya.
           3.    The Station In-Charge of Excise Police Station, Gaya.
           4.    The A.S.I, Excise, Samekit Janch Chauki, Dovi, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Md. Ejaz Akhter, Advocate
                 For the Respondent/s   :      Mrs. Puspanjali Sharma, AC to SC20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   19-01-2026                 The learned counsel for the petitioner seeks a

                   direction upon the Collector/Authorized Officer, District-Gaya

                   to dispose off the application filed by the petitioner on

                   14.12.2025 under Section 12A of the Bihar Prohibition and

                   Excise (Amendment) Rules, 2023 (hereinafter referred to as the

                   ‘Rules, 2023’) for release of Scorpio vehicle bearing

                   Registration No. BR01HZ7875, Engine No. YSR4G35029,

                   Chassis No. MAITA2YS2R2G47766 in favour of the petitioner

                   which has been seized in connection with Excise P.S. Sadar,

                   Gaya Ji Case No. 973 of 2025 dated 04.09.2025, lodged against
           Patna High Court CWJC No.560 of 2026(2) dt.19-01-2026
                                                       2/2




                     Shailendra Prasad and Sanjay Kumar as also against the owner

                     of the vehicle in question, who is the petitioner in the present

                     case, under Section 30(a) and 32(3) of the Bihar Prohibition &

                     Excise Act, 2016.

                                 2. This Court finds that the aforesaid application has

                     been sent by the petitioner by post, however in order to expedite

                     the matter, we deem it fit and proper to grant liberty to the

                     petitioner to file appropriate petition under Section 12A of the

                     Rules, 2023 along with a copy of the present order before the

                     learned Collector/Authorized Officer, District- Gaya for release

                     of the vehicle in question upon payment of penalty.

                                 3. It is needles to state that in case appropriate petition

                     is filed, as aforesaid within a period of two weeks from today,

                     the learned Collector/Authorized Officer, District- Gaya shall

                     consider the same in accordance with law and pass a speaking

                     and a reasoned order within a period of four weeks, thereafter.

                                 4. Accordingly, the present petition stands disposed

                     off on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-
U      T

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