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
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
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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