Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to liberty to file an appropriate petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the release of the seized boat.
Summary
The petitioner, Jitendra Kumar, sought a writ directing the release of his boat, which had been seized by police during a raid that uncovered 411.840 litres of illicit foreign liquor and cans of beer under the Bihar Prohibition and Excise Act, 2016. He argued that the boat was left unattended at an open riverbank and that he was not present at the time of seizure, thus requesting liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for its release upon payment of a penalty. The State of Bihar raised no objection to this request, stating that any such petition would be considered in accordance with law. The Court, after considering the facts, granted the petitioner liberty to file the appropriate petition before the District Magistrate‑cum‑Collector within three weeks and directed a reasoned order within four weeks. Consequently, the writ was disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for the release of the seized boat.
- Whether the seizure of the boat, in the absence of the owner, can be challenged through a Rule 12A petition.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 56(b)
Subjects
- seizure
- boat
- illicit liquor
- Bihar Prohibition and Excise Act
- Rule 12A
- writ petition
- release of property
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.702 of 2026
======================================================
Jitendra Kumar, Male, Son of Sri Subhash Prasad Ray, Resident of Walwan
Tola, Police Station-Doreganj, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Department of Excise and
Registration, Patna,
2. District Magistrate-Cum-Collector, Patna
3. Senior Superintendent of Police, Patna
4. Excise Superintendent, Patna, Bihar
5. Superintendent of Police, Excise, Patna
6. Station Head Officer/Officer- in- Charge, Excise police-station, Patna
7. Investigating Officer, Excise P.S. Case No.1514/2025, Police Station-
Excise, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the Respondent/s : Government Pleader 20
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 21-01-2026 The present writ petition has been filed for directing
the respondent authorities to release the boat in favour of the
petitioner which has been seized on account of recovery of illicit
foreign liquor and cans of beer in connection with Patna
(Prohibition) P.S. Case No. 1514 of 2025 dated 07.09.2025,
registered under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act, 2016.
2. Learned counsel for the petitioner submits that
Patna High Court CWJC No.702 of 2026(2) dt.21-01-2026
2/3
though the boat in question belongs to the petitioner, however it
is alleged that from the said boat 411.840 litres of illicit foreign
liquor and cans of beer have been recovered but the actual fact
is that in the evening of 06.09.2025 the petitioner had moored
the boat on the riverbank of Gangaji near Chhitnawa Village
under Maner Police Station and had left for his residence,
whereafter on the next day when he came back, he could not
find his boat and upon enquiry, he came to know that his boat
had been seized by police personnel.
3. Thus, the learned counsel for the petitioner
submits that the boat was moored at the riverbank in an open
place, which is easily accessible to others and during seizure of
the boat the petitioner was not present at the place of
occurrence, hence it is submitted that the petitioner be granted
liberty to file appropriate petition under Rule 12A of the Bihar
Prohibition and Excise (Amendment) Rules, 2023 (hereinafter
referred to as the ‘Rules, 2023’) for release of the said boat upon
payment of penalty.
4. Per contra, the learned counsel for the
Respondents-State submits that though he has got no objection
to the aforesaid submissions made by the learned counsel for the
petitioner, however in case appropriate petition is filed by the
Patna High Court CWJC No.702 of 2026(2) dt.21-01-2026
3/3
petitioner under Rule 12A of the Rules, 2023, the same shall
definitely be considered in accordance with law and disposed
off within a stipulated time frame as is fixed by this Court, in
case the confiscation proceedings have not been concluded.
5. Having regard to the facts and circumstances of
the case, we deem it fit and proper to grant liberty to the
petitioner to file appropriate petition under Rule 12A of the
Rules, 2023, and in case such a petition is filed before the
learned District Magistrate-cum-Collector, Patna within a period
of three weeks from today, he shall pass a reasoned and a
speaking order, in accordance with law within a period of four
weeks, thereafter.
6. Accordingly, the present writ stands disposed off
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
Checking your session…