Patna High Court
Khusboo Devi @ Khusboo KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The competent authority must consider and dispose of the petitioner's application for release of the seized motorcycle within 30 days, adhering to the applicable rules and jurisprudence.
Summary
The petitioner, Khusboo Devi, sought the release of a motorcycle seized by the Pahleja police under a case registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2018. She had already filed an application under Rule 12A of the Bihar Prohibition and Excise Act, 2021 (as amended) with the competent authority for the vehicle’s release. The High Court examined whether the competent authority should be directed to decide the application within a reasonable time. The Court ordered the authority to consider and dispose of the petitioner's application within 30 days of receiving the order, directing it to follow the relevant rules and judicial precedents. Consequently, the writ petition was disposed of, with the direction that the authority act in accordance with law.
Issues considered
- Whether the competent authority must be directed to decide the petitioner's application for release of a seized vehicle under Rule 12A of the Bihar Prohibition and Excise Act, 2021.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 37
- Bihar Prohibition and Excise Act, 2021 (as amended) — s. Rule 12A
Subjects
- seizure
- motor vehicle release
- excise law
- writ jurisdiction
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6784 of 2026
======================================================
Khusboo Devi @ Khusboo Kumari W/o Rakesh Kumar, R/o Near Kharika
Bazar, P.S.- Pahleja, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar Represented Through the Secretary, Department of
Excise and Prohibition Government of Bihar.
2. The District Magistrate, Saran.
3. The Senior Superintendent of Police, Saran.
4. The SHO, Pahleja Police Station, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate
Mr. Rakesh Bihari Singh, Advocate
For the Respondent/s : Mr. A. K. Singh(GP-26)
======================================================
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 Heard learned counsel for the petitioner and learned
counsel for the State.
2. It appears that the petitioner has moved this Court
for release of the motorcycle which has been seized by Pahleja
police station in connection with Pahleja P.S. Case No. 04 of
2025, registered under Section 30(a) and 37 of Bihar Prohibition
and Excise Act, 2018.
3. Learned counsel for the petitioner submits that the
petitioner has already made an application before the competent
authority under Rule 12A of the Bihar Prohibition and Excise
Patna High Court CWJC No.6784 of 2026(2) dt.01-07-2026
2/2
Act, 2021 (as amended up-to-date)) for release of the vehicle.
4. In that view of the matter, this Court directs the
competent authority under the Rules to consider and dispose of
the application of the petitioner for release of the vehicle in
accordance with law within a period of 30 days from the date of
receipt / production of a copy of this order.
5. It goes without saying that the competent authority
shall be guided by all the relevant rules and the judicial
pronouncements on the subject.
6. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
Amitkumar/
Sanjeev
U
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