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Patna High Court

Ranjan Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the competent authority must consider the petition for release and impose only the minimum penalty due to the low quantity of liquor recovered.

Summary

Petitioner Ranjan Prasad Singh filed a writ petition seeking the release of a vehicle seized by excise authorities on the grounds that only a small quantity (1.80 litres) of liquor was recovered. The petitioner had already submitted an application for release to the competent authority. The Court examined Rule 12A of the Bihar Prohibition and Excise Rules, 2021, noting that the low quantity warrants the minimum penalty prescribed. It directed the competent authority to consider the pending application and pass an order for release within 30 days, imposing only the minimum penalty. The writ application was disposed accordingly.

Issues considered

  • Whether the vehicle seized under the Bihar Prohibition and Excise Rules should be released given the minimal quantity of liquor recovered
  • Whether the penalty to be imposed should be the minimum prescribed under Rule 12A

Legislation cited

Subjects

  • vehicle seizure
  • liquor excise
  • Rule 12A
  • minimum penalty
  • writ jurisdiction
  • release of seized property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5861 of 2026
                 ======================================================
                 Ranjan Prasad Singh Son of Late Dinesh Pd. Singh, Resident of village
                 Shivdhari Bhawan, Jagat Narayan Road, P.S.- Kadam kuan, District - Patna,
                 State - Bihar- 800003.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Excise and Prohibition
                 Department, 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, Lakhisarai.
           5.    The Superintendent of Police, Lakhisarai.
           6.    The Superintendent of Excise, Lakhisarai.
           7.    The Investigating Officer of Piribazar, P.S. case No. - 31/2026.
           8.    The S.H.O., Piribazar, Police Station, Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Arnav Kumar Sinha, Advocate
                                               Ms. Shreya Singh, Advocate
                                               Mr. Shubham Kumar Bharti, Advocate
                                               Mr. Jitendra Kumar, Advocate
                 For the Respondent/s    :     Mr. Nadim Seraj, GP 5
                                               Mr. Shailesh Kumar, AC to GP 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   24-06-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Learned counsel for the petitioner submits that the

                   petitioner has already filed an application in the prescribed

                   format for release of the vehicle in question before the

                   competent authority.
            Patna High Court CWJC No.5861 of 2026(2) dt.24-06-2026
                                                        2/2




                                  3. In the aforesaid view of the matter, this Court

                      directs the competent authority before whom the application

                      seeking release of the vehicle is pending to consider the same

                      and pass an appropriate order as expeditiously as possible and in

                      no case later than a period of 30 days from the date of

                      production of a copy of this order.

                                  4. One of the factors to be considered for purpose of

                      release of the vehicle in terms of Rule 12A of the Bihar

                      Prohibition and Excise Rules, 2021 (As Amended Uptodate) is

                      the quantum of liquor recovered. In this case, we have noticed

                      that only 1.80 litre of liquor is said to have been recovered.

                      Thus, the competent authority shall consider the very low

                      quantity of liquor and shall impose a penalty which would be

                      the minimum prescribed under the statute.

                                  5. The writ application is disposed of accordingly.



                                           (Rajeev Ranjan Prasad, J)


                                                 ( Kumar Manish, J)
Ranjeet/-

U


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