Sonu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sonu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an appropriate application in the prescribed proforma seeking release of the seized vehicle in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date); if filed, the application is to be considered and disposed of within one month from the date of filing.

Issue for consideration

Whether a direction should issue to the respondent authorities for release of the motorcycle Scooty bearing Registration No. BR27U-8593 seized in connection with Hisua P.S. Case No. 466 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. +1 more

Court's answer

The petitioner failed to bring on record any material to satisfy the Court that he had approached the competent authority (i.e., filed an application in the prescribed proforma) seeking release of the seized vehicle; the Court agreed with the State's submission to that effect.

Ratio / Principle

Liberty granted to the petitioner to file an appropriate application in the prescribed proforma seeking release of the vehicle in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date); if such an application is filed, it shall be considered and disposed of within one month from the date of filing.

Detailed headnote1 paragraphs

Excise seizure - release of vehicle - writ petition seeking direction to release motorcycle Scooty (Regn. No. BR27U-8593) seized in connection with Hisua P.S. Case No. 466 of 2025 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, on the ground that no confiscation proceeding had been initiated and the fine quoted was allegedly exaggerated - Court found no material on record showing that the petitioner had applied to the competent authority for release of the vehicle - liberty granted to file an application in the prescribed proforma in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date), to be considered and disposed of within one month of filing - writ application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20430 of 2025

======================================================

Sonu Kumar S/o Rameshwar Saw, Resident of village- Panchu Sudi Tola Hisua, P.S.- Hisua, District- Nawada.

... ... Petitioner

Versus

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

The Chief Secretary, Government of Bihar, Patna.

The Director General of Police, Bihar, Patna.

The District Magistrate, Nawada.

The Excise Superintendent of Police, Nawada.

The Station Head Officer, Police Station, Hisua, Nawada.

... ... Respondents

====================================================== Appearance :

For the Petitioner : Mr. Krishna Deo Raj, Advocate For the Respondents : Mr. Braj Bhushan Mishra, AC to AAG-9

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 19-12-2025

Heard learned counsel for the petitioner and learned

AC to AAG-9 for the State.

2. The petitioner in this case is seeking a direction to

the Respondent Authorities to release the motorcycle Scooty bearing Registration No. BR27U-8593 which has been seized in connection with Hisua P.S. Case No. 466 of 2025 registered for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 70.500 litres of Engine Beer has been recovered from the said

Patna High Court CWJC No.20430 of 2025(2) dt.19-12-2025 2/3

vehicle.

3. In the writ application, the petitioner has stated that till date, no confiscation proceeding has been initiated. He has further stated that when he approached the concerned respondent authority to pay fine, the concerned authority assessed exaggerated amount which is not as per the provision of the Rules.

4. Learned AC to AAG-9 for the State submits that save and except a bald statement of the petitioner that he had approached the concerned respondent authority, there is no material on the record to show that he had filed any application in the prescribed proforma seeking release of the vehicle.

5. We agree with the submission of learned AC to AAG-9 for the State. The petitioner has not brought on record any material to satisfy this Court that he had approached the competent authority for release of the vehicle.

6. We grant liberty to the petitioner to file an appropriate application in prescribed proforma seeking release of the vehicle in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date). If such an application is filed, the same will be considered and disposed

Patna High Court CWJC No.20430 of 2025(2) dt.19-12-2025 3/3

of within a period of one month from the date of filing of the

application.

7. This writ application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J)

(Sourendra Pandey, J)

lekhi/-

U