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Patna High Court

Rahul Jha @ Rahul Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is dismissed; the petitioner must seek relief under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021.

Summary

Petitioner Rahul Jha filed a writ petition seeking a mandamus directing the State to release his private vehicle (Regn. No. BR-09AT-9455) seized under Section 30(a) of the Bihar Prohibition and Excise Act. The State contended that the petitioner is involved in three other cases under the same Act, that the vehicle is private, and that he has failed to appear in the ongoing confiscation proceedings. The High Court, without examining the merits, held that a writ is not the appropriate remedy where a specific statutory procedure exists. It directed the petitioner to invoke the remedy provided under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 before the competent authority. The Court further stated that any application made under that rule would be decided within 30 days. Consequently, the writ application was disposed of.

Issues considered

  • Whether a writ of mandamus can be issued to direct the release of a vehicle seized under the Bihar Prohibition and Excise Act.
  • Whether the High Court has jurisdiction to entertain the writ when a specific statutory remedy under the Bihar Prohibition and Excise Rules is available.

Legislation cited

Subjects

  • mandamus
  • vehicle seizure
  • Bihar Prohibition and Excise Act
  • statutory remedy
  • writ jurisdiction
  • confiscation proceeding

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7073 of 2026
                 ======================================================
                 Rahul Jha @ Rahul Kumar Jha S/o Bipin Jha, R/o Village- Morwa, Ward No.-
                 13, P.S.- Mushrigharari, District- Samastipur.

                                                                             ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    Principal Secretary, Department of Prohibition of Excise, Government of
                 Bihar, Patna.
           3.    Director, Department of Prohibition of Excise, Government of Bihar, Patna.
           4.    District Magistrate, Samastipur.
           5.    Superintendent of Police, Samastipur.
           6.    Station Head Officer, P.S.- Samastipur (Muffasil), District- Samastipur.
           7.    Investigating Officer, Samastipur (Muffasil) P.S. Case No.- 428/25, District-
                 Samastipur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Respondent/s     :       Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   07-07-2026                 Heard learned counsel for the parties.

                               2. This writ application has been filed seeking the

                   following relief(s):-

                                        “(i) For issuance a writ in the nature of Mandamus
                                        directing the respondents to release the vehicle
                                        bearing Registration No.- BR-09AT-9455 in favour
                                        of the petitioner, which is seized in connection with
                                        Samastipur (Muffasil) P.S. Case No. 428/25
                                        registered U/S 30(a) of Bihar Prohibition and Excise
                                        Act;
Patna High Court CWJC No.7073 of 2026(2) dt.07-07-2026
                                            2/3




                             (ii) For any other relief(s) to which the petitioner
                             may be found entitled in the facts and circumstances
                             of the present case.”
                      3. While it is the case of the petitioner that only 1.5

          litre of liquor has been recovered from his private vehicle,

          learned counsel for the State has informed that the petitioner is

          accused in at least three other cases registered under the Bihar

          Prohibition and Excise Act. Moreover, it is his submission that

          the vehicle is a private vehicle and the petitioner has not denied

          that the vehicle is in his possession. Confiscation proceeding is

          going on but the petitioner has avoided to appear in the

          confiscation proceeding.

                      4. Having regard to the submissions, without going

          into the merit of the contentions, we decline to entertain a writ

          application directly filed for the remedy applied.

                      5. The petitioner may seek his remedy in terms of the

          statutory provisions under Rule 12(A) of the Bihar Prohibition

          and Excise Rules, 2021 (as amended upto date) before the

          competent authority.

                      6. If any such application is preferred by the

          petitioner, the same will be considered by the competent

          authority within a period of 30 days and an appropriate order

          shall be passed thereon. The contentions of the parties are left
            Patna High Court CWJC No.7073 of 2026(2) dt.07-07-2026
                                                        3/3




                      open.

                                  7.    This     writ    application   stands   disposed   of

                      accordingly.



                                           (Rajeev Ranjan Prasad, J)


                                                 ( Kumar Manish, J)
Ranjeet/-

U


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