Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court permitted the petitioner to file the statutory application under Rule 12A within 30 days and directed the competent authority to decide the application within 30 days.
Summary
Aman Kumar petitioned the Patna High Court for the release of a Toto vehicle seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The seizure was made in connection with a case under the Prohibition and Excise law, and the petitioner had not filed the required application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021. The Court allowed the petitioner to file the appropriate application within 30 days of the order and directed the competent authority to decide the application within 30 days of its filing. The Court emphasized that the authority must follow the statutory rules and relevant judicial precedents. The writ application was consequently disposed.
Issues considered
- What relief is available to a petitioner for the release of a vehicle seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 when the statutory application under Rule 12A has not been filed?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
Subjects
- vehicle seizure
- prohibition and excise law
- statutory remedy
- Rule 12A
- Section 30(a)
- writ jurisdiction
- release of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6833 of 2026
======================================================
Aman Kumar Son of Nirmal Kumar, Resident of village- Bhushahula, Post-
Karwan, Police Station - Ara Muffasil, District- Bhojpur at Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Prohibition, Excise and Registration Depart-
ment, Government of Bihar, Patna.
3. The Excise Commissioner, Prohibition, Excise and Registration Department,
Government of Bihar, Patna.
4. The District Magistrate-cum-Collector, Patna, District- Patna.
5. The Assistant Excise Commissioner, Patna, District- Patna.
6. The Senior Superintendent of Police, Patna, District- Patna.
7. The District Transport Officer, Patna, District- Patna.
8. The Station Head Officer, Janipur Police Station, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate
For the Respondent/s : 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 Heard learned counsel for the petitioner and learned
A.C. to G.A.-11 for the State.
2. The petitioner in this case is seeking release of the
Toto vehicle which has been seized in connection with Phulwar-
isharif (Janipur) P.S. Case No. 2146 of 2025 dated 30.12.2025 un-
der Section 30(a) of Bihar Prohibition and Excise Act, 2016 (as
amended up-to-date).
3. It appears that the petitioner is aware of the Rule 12A
of the Bihar Prohibition and Excise Rules, 2021 (as amended up-
Patna High Court CWJC No.6833 of 2026(2) dt.01-07-2026
2/2
to-date) but he has not preferred an application in the prescribed
format before the competent authority for release of the vehicle.
4. Learned counsel for the petitioner seeks permission to
file an appropriate application before the competent authority
within a period of 30 days from today.
5. Permission is granted. The petitioner may avail the
alternative statutory remedy available to him in accordance with
law.
6. If such an application is preferred within a period of
30 days from today, the competent authority shall decide the same
within a period of 30 days from the date of filing of the applica-
tion.
7. Needless to say that the competent authority shall be
guided by the rules and the judicial pronouncements on the sub-
ject.
8. This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
Amitkumar/
Sanjeev
U
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