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Patna High Court

Santosh Yadav @ Santosh Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The penalty and seizure stand as there was no satisfactory proof of theft, and the writ seeking release and refund is dismissed.

Summary

The petitioner, Santosh Yadav, sought the release of his seized Hero Spender Plus motorcycle, a refund of a Rs.8,387 fine, and compensation, claiming the vehicle had been stolen on 09‑07‑2024 and that the confiscating authority ignored a police diary entry. The vehicle was seized under Sections 30(a) and 32(3) of the Bihar Excise Prohibition Act, 2016 (as amended), after whisky was recovered from occupants. The petitioner deposited the fine and obtained a release order, but the vehicle remained unreleased. He argued that the penalty was illegal because the vehicle was stolen, citing a diary entry at Palamu Town Police Station, but no FIR or written notice was filed with the confiscating authority. The State contended that the theft claim was never formally communicated and that the diary entry alone was insufficient. The Court held that the diary entry did not inspire confidence, the petitioner failed to approach senior police as required by Section 154(3) of the Code of Criminal Procedure (now Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita), and there was no material proving theft. Consequently, the penalty was deemed lawful and the writ dismissed.

Issues considered

  • Whether the seizure and imposition of penalty under the Bihar Excise Prohibition Act can be set aside on the ground that the vehicle was allegedly stolen but no FIR or written notice was filed.
  • Whether the court can compel the release of the vehicle and refund of the fine in the absence of satisfactory proof of theft.

Legislation cited

  • Bihar Excise Prohibition Act, 2016 (as amended) — s. 30(a), 32(3)
  • Bihar Prohibition Excise Rules, 2021 (as amended) — s. Rule 12A
  • Code of Criminal Procedure — s. 154(3)

Subjects

  • vehicle seizure
  • excise law
  • penalty
  • theft allegation
  • writ jurisdiction
  • Bihar Excise Prohibition Act
  • procedural default
  • FIR

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.6439 of 2026
                 ======================================================
                 Santosh Yadav @ Santosh Kumar Yadav Son of Budhan Yadav @ Rajdev
                 Yadav Resident of Village Daebra, PS Lesaliganj, District Palamu
                 (Jharkhand).

                                                                          ... ... Petitioner
                                                 Versus
           1.    The State of Bihar through Principal Secretary, Excise Department, New
                 Secretariat, Patna.
           2.    The Principal Secretary, Excise Department, New Secretariat, Patna.
           3.    The District Magistrate, Aurangabad (Bihar).
           4.    The Additional Collector, Excise Court no 2, Aurangabad (Bihar).
           5.    The Superintendent of Excise, Aurangabad (Bihar).
           6.    The Officer Incharge, Excise, PS Aurangabad, PO and PS Aurangabad
                 (Bihar).
           7.    The Officer-In-Charge, Palamu Town Police Station, PO and PS and District
                 Palamu (Jharkhand).

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Shailesh Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. Shailendra Kumar Dwivedi, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   29-06-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. Petitioner in this writ application is seeking the

                   following reliefs:-

                                            “(a) For a direction to the respondents
                                            authorities to release Hero Spender Plus
                                            Motorcycle   bearing   its   Registration   No.
                                            JH03AE-8386,             Chassis            no.
                                            MBLHAW125MHF01611,             Engine       No.
Patna High Court CWJC No.6439 of 2026(2) dt.29-06-2026
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                                  HA11EDMHF01324 in favour of petitioner
                                  which has been seized in connection with
                                  Aurangabad Excise P.S. Case no. 617/25
                                  registered under section- 30(a), 32(3) of the
                                  Bihar Excise Prohibition Amended Act- 2018 by
                                  the respondents authorities without committing
                                  any offence by the petitioner, and refund his
                                  amount of fine of Rs. 8387.00 which has been
                                  taken from petitioner illegally in Confiscation
                                  Case no. 208/25.
                                  (b) For a direction to the respondent authorities
                                  to pay compensation to the petitioner because in
                                  spite of the release order dated 24/12/25 passed
                                  by     Additional      Collector-cum-Competent
                                  Authority passed in Confiscation Case no.
                                  208/25 vehicle was not released.
                                  (c) For a direction to the Respondent authorities
                                  to take a legal action against the erring office
                                  who has not released his vehicle at compelled to
                                  petitioner for depositing of fine amount of Rs.
                                  8387.00 alongwith other amount.
                                  (d) For any other order/ orders as your
                                  Lordships may deem fit and proper.”

                      3. From the averments made in the writ application, it

          appears that the vehicle in question has been seized in

          connection with Aurangabad Excise P.S. Case No. 617 of 2025

          registered under Sections 30(a) and 32(3) of the Bihar Excise

          and Prohibition Act, 2016 (as amended upto date), the two

          persons who were present on the vehicle were searched and

          from their possession total 770 ml Imperial Blue Blended Grain
Patna High Court CWJC No.6439 of 2026(2) dt.29-06-2026
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          Whisky was recovered from the bag.

                      4. Learned counsel for the petitioner submits that the

          vehicle in question was stolen away by unknown persons on

          09.07.2024 and in this regard, an information was given to the

          Palamu Town Police Station which was recorded by S.D.E. No.

          27 of 2024 dated 19.07.2024. It is submitted that the

          information regarding the sanha diary entry made in the Palamu

          Town Police Station was given to the confiscating authority at

          the time of seeking release of the vehicle in terms of Rule 12A

          of the Bihar Prohibition Excise Rules, 2021 (as amended upto

          date) but the confiscating authority did not take note of it and

          proceeded to pass order as contained in Memo No. 487 dated

          10.10.2025 (Annexure ‘P/5’). The confiscating authority has

          imposed penalty of Rs. 8,639/- for purpose of release of the

          vehicle.

                      5. Learned counsel for the petitioner submits that

          petitioner has deposited the amount vide receipt (Annexure

          ‘P/6’) and the vehicle was ordered to be released but till date the

          vehicle has not been released. At this stage, learned counsel for

          the petitioner submits that the vehicle has already been released

          in favour of the petitioner.

                      6. It is his submission that imposition of penalty in
Patna High Court CWJC No.6439 of 2026(2) dt.29-06-2026
                                            4/5




          this case is neither legal nor justified because the vehicle had

          been stolen away and in this regard, there was an information in

          the Palamu Town Police Station.

                      7. On the other hand, learned counsel for the State,

          submits that the fact that the vehicle was stolen was never

          brought to the notice of the confiscating authority. No written

          information/application was filed in this regard before the

          confiscating authority, rather the petitioner agreed to deposit the

          penalty amount and gave an undertaking that he will not claim

          refund of the same in future.

                      8. It is further submitted that the sanha diary entry

          alone would not inspire confidence. There is nothing on the

          record to show that after giving information to Palamu Town

          Police Station on 09.07.2024 when the FIR was not registered

          why the petitioner maintained a silence and did not lodge any

          complaint with the senior police officers in terms of Section

          154(3) of the Code of Criminal Procedure (now Section 173(4)

          of the Bharatiya Nagarik Suraksha Sanhita) for lodging of the

          FIR. In such circumstance, this Court sitting in its writ

          jurisdiction may not consider a plea which apparently seems to

          be an afterthought.

                      9. Having heard learned counsel for the petitioner and
           Patna High Court CWJC No.6439 of 2026(2) dt.29-06-2026
                                                       5/5




                     learned counsel for the State, we agree with the submissions

                     advanced on behalf of the State. The sanha diary entry alone

                     would not inspire confidence of the Court. This has also to be

                     seen in the light of the subsequent conduct of the petitioner in

                     not approaching the senior police officers in accordance with

                     law for purpose of registration of FIR and investigation of theft.

                     Inaction on the part of the petitioner would prove fatal to him.

                     The Palamu Town Police Station has not conducted any

                     investigation because no FIR was lodged in the matter and there

                     is no report that the occurrence of theft is true.

                                 10. Further, this Court finds that on record there is no

                     material to show that before the confiscating authority the

                     petitioner had filed any written information saying that the

                     vehicle in question is a stolen vehicle. We, therefore, decline to

                     subscribe the plea of the petitioner that no penalty could have

                     been imposed for the purpose of release of his vehicle.

                                 11. This writ application has no merit. It is dismissed

                     accordingly.


                                          (Rajeev Ranjan Prasad, J)


                                                (Kumar Manish, J)
Rishi/Ritesh/-

U


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