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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

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
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          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


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