Rahmati Khatoon @ RahmativersusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.914 of 2026
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                 Rahmati Khatoon @ Rahmati Wife of Md. Salam, Resident of Village-Ward
                 No. 2, Doghariya, P.S.-Dagarua, District-Purnea.

                                                                            ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary, Excise Department,
                 Govt. of Bihar, Patna.
           2.    The Commissioner, Excise Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, Purnea.
           4.    The Superintendent of Police, Purnea.
           5.    The District Transport Officer, Purnea.
           6.    The S.H.O., Baisi Police Station, Purnea.
           7.    The Excise Inspector, Purnea, Excise Department, Government of Bihar,
                 Patna.

                                                           ... ... Respondents
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                 Appearance :
                 For the Petitioner/s   :      Mr. Bal Krishna Mishra, Advocate
                 For the State          :      Mr. Majid Mahboob Khan, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   28-01-2026                   The present writ petition has been filed for directing

                   and commanding the respondents to release the three wheeler

                   vehicle (Toto) of the petitioner bearing Registration No.

                   BR11RA-1848, Chassis No. M67AF7ELM25E00207, Engine

                   No. RM052500207, which has been seized in connection with

                   Baisi P.S. Case No. 302 of 2025 dated 21.07.2025, registered

                   under Sections 30 (a), 41 and 47 of the Bihar Prohibition and

                   Excise Act, 2016 against Md. Sharif Salam (husband of the
Patna High Court CWJC No.914 of 2026(2) dt.28-01-2026
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          petitioner) and one Jakrul on account of recovery of 77 litres of

          illicit liquor from the said three wheeler vehicle.

                      2. The learned counsel for the petitioner has submitted

          that the petitioner had bought the said three wheeler for her

          livelihood and her husband used to drive the said vehicle,

          however while he was ferrying some passengers by way of daily

          routine, he was apprehended by the police along with the

          passengers and illicit liquor. Hence, it is submitted that the

          petitioner is not having any complicity in the alleged

          occurrence. Nonetheless, it is submitted that petitioner be

          granted liberty to file an application under Rule 12A of the

          Bihar Prohibition and Excise (Amendment) Rules, 2023

          (hereinafter referred to as “the Rules, 2023”) but it is prayed that

          the same be directed to be disposed of within a stipulated time

          frame.

                       3. The learned counsel for the respondents-State has

          got no objection and submits that in case appropriate application

          is filed by the petitioner under Rule 12A of the Rules, 2023 for

          release of the vehicle upon payment of penalty, the same would

          definitely be examined and a reasoned and a speaking order, in

          accordance with law, shall be passed within a stipulated time

          frame, as is fixed by this Court.
             Patna High Court CWJC No.914 of 2026(2) dt.28-01-2026
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                                   4. 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

                       for release of the vehicle in question and in case such an

                       application is filed before the competent authority within a

                       period of four weeks from today, the competent authority shall

                       consider the same in accordance with law and pass a reasoned

                       and a speaking order within a period of six weeks, thereafter.

                                   5.     Accordingly, the present writ petition stands

                       disposed of on the aforesaid terms.



                                              (Mohit Kumar Shah, J)


                                              ( Alok Kumar Pandey, J)
amitkumar/
shahzad-

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