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Patna High Court

UpendarversusThe State of Bihar through Principal Secretary,

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must approach the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 for release of the vehicle.

Summary

The petitioner, Upendar, filed a writ petition in the Patna High Court seeking the release of a vehicle that had been seized by the Excise Department on suspicion of containing liquor. The court observed that the writ petition was not the appropriate remedy because a specific statutory mechanism exists under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, for seeking release of such vehicles. The petitioner’s claim of innocence and lack of knowledge about the liquor was noted but not examined, as the matter is to be decided by the designated authority under the Rules. The court directed the petitioner to file an application for release within 30 days before the competent authority, which must decide the matter within another 30 days. Consequently, the writ petition was dismissed as not maintainable.

Issues considered

  • What is the appropriate forum for seeking release of a vehicle seized under the Bihar Prohibition and Excise Rules?
  • Is the writ petition maintainable when a specific statutory remedy is available?

Legislation cited

Subjects

  • writ jurisdiction
  • vehicle seizure
  • Bihar Prohibition and Excise Rules
  • Rule 12A
  • statutory remedy
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6498 of 2026
                 ======================================================
                 Upendar S/o - Vishwanath Chauhan, Vill - Vedupar (Nawka Tola), P.S. -
                 Tataiya Sujan, Dist. - Kushi Nagar.

                                                                    ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar through Principal Secretary, Excise Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate, Gopalganj.
           3.    The Superintendent of Police, Gopalganj.
           4.    The Station House Officer, Phulwariya, Distt. - Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sushil Kumar, Advocate
                 For the State          :      Mr. Vivek Prasad (GP-7)
                                               Ms. Roona (AC to GP-7)
                 ======================================================
                 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                      It appears that the petitioner has directly moved

                   before this Court for release of the vehicle in question.

                                 2. The writ application is not fit to be entertained,

                   however, we observe that the petitioner may, if so advised, seek

                   his remedy for release of the vehicle in question before the

                   competent authority in terms of Rule 12A of the Bihar

                   Prohibition and Excise Rules, 2021 (as amended up to date).

                                 3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he had no information of the liquor

                   kept in the vehicle. He had given his tractor with trolley fitted
         Patna High Court CWJC No.6498 of 2026(2) dt.29-06-2026
                                                     2/2




                   with a paddy thresher on rent. This Court cannot go into such

                   ex-parte statements. Presently the matter relates to release of the

                   vehicle and for that a statutory forum is already available.

                               4. If such an application is filed for release within a

                   period of 30 days from today, the component authority or the

                   officer authorized by him shall consider the same and pass an

                   appropriate order thereon keeping in view the guidelines already

                   provided under the Rules. The application shall be disposed of

                   within a further period of 30 days from the date of filing of the

                   application.

                               5.    This     writ    application   stands   disposed   of

                   accordingly.


                                        (Rajeev Ranjan Prasad, J)


                                              (Kumar Manish, J)

Amitkumar/
Sanjeev

U


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