Patna High Court

Ziyaul HaqueversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court may grant procedural liberty to file a Rule‑12A petition and may prescribe a fixed time‑frame for the authority to decide on the release of the seized vehicle.

Summary

Petitioner Ziyaul Haque filed a writ petition seeking the release of his seized Maruti Swift, which was confiscated under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting 144 litres of illicit liquor. The petitioner requested liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty, and asked that a time‑frame be fixed for disposal. The Court examined whether the limited prayer fell within its jurisdiction to grant procedural liberty. It held that, given the narrow relief sought, it was appropriate to allow the petitioner to file the Rule‑12A petition and to impose a deadline for the Collector to pass a reasoned order. Accordingly, the Court directed that the petition be disposed of, granting liberty to file the Rule‑12A petition within two weeks and directing the Collector to decide within four weeks.

Issues considered

Whether the Court may grant liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle.
Whether a time‑frame can be imposed on the Collector/Authorized Officer to pass a reasoned order for disposal of the seized vehicle.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32

Subjects

vehicle seizure
excise law
illegal liquor
writ petition
Rule 12A
penalty
release of seized property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9998 of 2025
                 ======================================================
                 Ziyaul Haque S/o Kalamul Haque, R/o Ramdas Bagahi Ram Das, Baghi, P.S-
                 Gopalganj, District- Gopalganj, Bihar. Also at 387/9, Ramgulam Tola, Nikat
                 Gosai Mandir, Ward No. 11, District- Deoria, Uttar Pradesh.
                                                                             ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Secretary Excise and Prohibition Department
                  Gov. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Gopalganj, Bihar.
           4.    The Superintendent of Police, Gopalganj, Bihar.
           5.    The Superintendent of Excise, Gopalganj, Bihar.
           6.    The SHO, Gopalganj Police Station, Gopalganj, Bihar.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sumit Shekhar Pandey, Advocate
                                                Mr. Masoom Raza, Advocate
                 For the Respondent/s   :       Mr. Hari Mohan Mishra, AC to G.P.-27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   21-01-2026                   The present petition has been filed for release of

                   vehicle of the petitioner i.e. Maruti Swift Car bearing

                   Registration No.- UP52BX2405, Engine No.- K12NP1480292

                   and Chassis No.- MBHCZCB3SPHC99675 which has been

                   seized in connection with Gopalganj Excise P.S. Case No. 50 of

                   2025 dated 20.01.2025, registered under Sections 30(a) and 32

                   of the Bihar Prohibition and Excise Act, 2016 (hereinafter

                   referred to as ‘the Act, 2016’) against the petitioner and two

                   other persons, on account of recovery of 144 liters of illicit
           Patna High Court CWJC No.9998 of 2025(4) dt.21-01-2026
                                                       2/2




                     liquor from the vehicle in question.

                                  2. At the outset, the learned counsel for the petitioner

                     seeks liberty on behalf of the petitioner 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 vehicle upon payment of penalty, however

                     submits that a stipulated time frame be fixed for disposal of the

                     same.

                                  3. Having regard to the limited prayer made by the

                     petitioner in the present 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 within

                     a   period      of    two     weeks      from   today,   the   Collector,

                     Gopalganj/Authorized Officer shall pass a speaking and a

                     reasoned order in accordance with law within a period of four

                     weeks, thereafter.

                                  4. Accordingly, the present writ petition stands

                     disposed of on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-
U      T

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