Patna High Court
Devnandan Yadav @ Prince Kumar @ DevanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed because the petitioner must pursue the statutory remedy under Rule 12A before the competent authority, not the High Court.
Summary
The petitioner, Devnandan Yadav, sought a writ for the release of his Mahindra Bolero pickup, from which 310 litres of country-made liquor had been seized and an FIR lodged. The High Court noted that the petitioner has a specific statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, for seeking release of the vehicle. Consequently, the Court declined to entertain the writ petition, directing the petitioner to apply to the competent authority within 30 days, which must then decide within another 30 days and fix any penalty per the Rules. The Court emphasized that the writ jurisdiction is not the appropriate forum for this relief. The petition was therefore disposed of without granting the relief sought.
Issues considered
- What is the appropriate forum for seeking release of a vehicle seized under prohibition law?
- Does the petitioner have a statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 that precludes the writ jurisdiction?
Legislation cited
- Bihar Prohibition and Excise Rules — s. Rule 12A
Subjects
- prohibition law
- seizure of vehicle
- statutory remedy
- writ jurisdiction
- Rule 12A
- competent authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6742 of 2026
======================================================
Devnandan Yadav @ Prince Kumar @ Devan, Son of Upendra Yadav @
Surendra Yadav, Resident of Village - Ambatari, P.S.- Champaran, District-
Hazaribagh, State - Jharkhand.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Bihar Prohibition
and Excise Department, Government of Bihar at Patna.
2. The Additional Chief Secretary Excise Department, Govt. of Bihar, Patna.
3. The District Magistrate, Gaya.
4. The Superintendent of Police, Gaya.
5. The Officer Incharge, Wazirganj, District- Gaya.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Prabhat Kumar, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 01-07-2026 It appears that the petitioner has directly moved this
Court in its writ jurisdiction for release of the vehicle in
question. It is stated that 310 litres of country made liquor has
been recovered from the Mahindra Bolero Pickup of the
petitioner which is under seizure and one FIR has been
registered which is Annexure ‘P/1’ to the writ application.
2. Since the petitioner has a statutory remedy under
Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as
amended up to date), we refrain from entertaining the writ
application. It is being disposed of with liberty to the petitioner
Patna High Court CWJC No.6742 of 2026(2) dt.01-07-2026
2/2
to seek his remedy in accordance with law before the competent
authority.
3. If an application for release of the vehicle is
preferred before the competent authority within a period of 30
days from today, the same will be considered and disposed of by
the competent authority within another period of 30 days. While
fixing the quantum of penalty, regards shall be paid to the
factors enumerated in the Rules itself.
4. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-
U
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