Patna High Court
Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court made the earlier order directing release of the vehicle absolute, subject to the outcome of the criminal proceedings, and disposed of the writ petition.
Summary
Petitioner Dipu Kumar challenged an order dated 28‑08‑2024 that required him to pay a fine of Rs.5,00,000 plus Rs.15,000 to the Bihar State Electricity Board to obtain release of his confiscated vehicle under the Bihar Prohibition and Excise Act, 2016. The High Court had earlier, on 02‑07‑2025, directed the respondents to release the vehicle after verifying ownership, subject to the outcome of related criminal proceedings. Both parties agreed that the vehicle had already been released, and the court was asked to make the earlier order absolute while imposing a condition that the vehicle not be alienated until the criminal case is finally disposed of. The court affirmed the earlier order, conditioning the release on the pending criminal proceedings, and ordered that the petitioner may not sell or otherwise dispose of the vehicle until the criminal matter concludes. Consequently, the writ petition was disposed of.
Issues considered
- Whether the order directing payment of fine for release of the confiscated vehicle can be quashed.
- Whether the court can conditionally release the vehicle subject to pending criminal proceedings.
- Whether the petitioner is prohibited from alienating the vehicle until final disposal of the criminal case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- vehicle seizure
- excise law
- prohibition
- writ petition
- quashing order
- fine
- conditional release
- criminal proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6276 of 2025
======================================================
Dipu Kumar son of Late Ashok Das, Sole Proprietor Jai Mata Di Enterprises,
Resident of Ward No. 31, Gali GandhiNagar, near Durga Mandir, P.S. Town,
Distt.-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The Commissioner, Excise Department, Govt. of Bihar, Patna.
3. The Collector cum District Magistrate, Kaimur at Bhabhua.
4. The Sub Divisional Magistrate, Bhabhua (Kaimur).
5. The Excise Superintendent, Kaimur at Bhabhua.
6. The SHO cum Inspector Prohibition, Excise P.S. Kaimur at Bhabhua.
7. The Superintendent of Police, Kaimur at Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the State : Mr. Sita Ram Yadav, GP-16
Mr. Rakesh Kumar Shrivastava, AC to GP-16
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
5 21-01-2026 Though the present writ petition has been filed for
quashing of the order dated 28.08.2024, passed in Excise
(Confiscation) Bhabua (Kaimur) Case No. 94 of 2024 by the
learned Sub-Divisional Magistrate, Bhabua (Kaimur), whereby
and whereunder the petitioner has been directed to deposit a fine
of Rs. 5,00,000/- (rupees five lacs) + a sum of Rs.15,000/-
(rupees fifteen thousand) in favour of B.S.B.C.L. in order to get
Patna High Court CWJC No.6276 of 2025(5) dt.21-01-2026
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the vehicle in question released in his favour, which arises out of
Kaimur (Bhabua) Prohibition P.S. Case No. 759 of 2023 dated
10.11.2023, lodged under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act, 2016, however, the learned counsel
for the petitioner as also that of the respondent-State jointly
submit that in pursuance to the earlier order of this Court dated
02.07.2025, the vehicle in question has been released in favour
of the petitioner.
2. At this juncture, it would be apt to reproduce paragraph
no. 2 of the said order dated 02.07.2025 hereinbelow:-
“2. In the meanwhile, respondents are hereby directed
to release the subject matter of the vehicle in favour
of the petitioner after due verification of ownership,
such release of the subject matter of the vehicle is
subject to outcome of the criminal proceedings.”
3. The Ld. Counsels for the parties are in agreement that
since the vehicle in question has already stood released in
favour of the petitioner, the order dated 02.07.2025 be made
absolute however, such release be made subject to the outcome
of the connected criminal proceedings, as aforesaid. It is
directed accordingly.
4. It is needless to state that the petitioner shall not alienate
the aforesaid vehicle bearing Registration No. JH01CX4009,
Patna High Court CWJC No.6276 of 2025(5) dt.21-01-2026
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Engine No. 4018289, Chassis No. MCAAJPBY5JFA26698, in
any manner till the final disposal of the criminal proceedings.
5. The writ petition stands disposed off.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
S.Sb/-
U
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