Amlesh Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

Amlesh Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

No relief on the principal prayer (release of the motorcycle); the petition was disposed of as premature, with the petitioner left at liberty to invoke the remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 by applying in the prescribed form (competent authority to pass a speaking order within two weeks of receipt), and to prefer an appeal before the appropriate authority if confiscation proceedings have attained finality.

Issue for consideration

Whether the writ petition seeking a direction to release the motorcycle seized in connection with Khusrupur P.S. Case No. 7/2025 is maintainable, given that no demand has been made before the competent authority under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 (with its amended provisions of 2022 and 2023).

Court's answer

In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature; accordingly the writ petition stands disposed of as premature.

Ratio / Principle

Disposal of the writ petition would not be a hurdle for the petitioner to invoke the remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, including its amended provisions of 2022 and 2023.

Key takeaways

If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass a speaking order within a period of two weeks from the date of receipt of such application.ratio¶¶30
If the confiscation proceedings of the subject matter of the vehicle have attained finality, in that event the petitioner is at liberty to prefer an appeal before the appropriate authority.ratio¶¶32

Detailed headnote1 paragraphs

Writ petition (Article 226) by Amlesh Kumar seeking a direction to respondents to release his motorcycle bearing registration No. BR01HF-2193 (Chasis No. MD2B68BX6PPB24949, Engine No. DHXPPB34811), seized in connection with Khusrupur P.S. Case No. 7/2025 u/s 30(a) of the Bihar Excise Prohibition Act, pending before the Special Judge Excise, Patna City. Held: since no demand had been made before the competent authority under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 (read with amended sub Rule 2 of Rule 12 A of 2022 and 2023), a writ of mandamus is not maintainable and the petition is premature; accordingly disposed of as premature. Disposal is no hurdle to invoking the Rule 12A remedy (including the 2022 and 2023 amendments); on an application in the prescribed form the competent authority shall pass a speaking order within two weeks of receipt; and if the confiscation proceedings have attained finality the petitioner may appeal to the appropriate authority. Bench: P. B. Bajanthri and S. B. Pd. Singh, JJ.; oral judgment per P. B. Bajanthri, J. Decision dated 21-04-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3896 of 2025

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Amlesh Kumar S/o Dinesh Singh, R/o Village- Kayampur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Patna.

The District Magistrate, Patna.

The Superintendent of Police, Patna.

The S.H.O., Police Station Khusrupur, Patna.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Premchandra Yadav For the Respondent/s : Mr.Government Pleader (10)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 21-04-2025

Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has

prayed for the following relief(s):-

“(i). For grant of an appropriate writ for a direction to the respondents to release the Motorcycle bearing registration No. BR01HF-2193, Chasis No. MD2B68BX6PPB24949 and Engine No. DHXPPB34811 to the petitioner which has been illegally seized by the Police in

Patna High Court CWJC No.3896 of 2025 dt.21-04-2025 2/3

connection with Khusrupur P.S. Case No. 7/2025 u/s 30(a) of Bihar Excise Prohibition Act pending in the court of Special Judge Excise, Patna City”

3. In support of the aforementioned relief, there

is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

5. Disposal of the instant writ petition would not

be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including

amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass

Patna High Court CWJC No.3896 of 2025 dt.21-04-2025 3/3

speaking order within a period of two weeks from the date

of receipt of such application.

6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

7. With the above observation, instant writ petition stands disposed of.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

Nirajkrs/-

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Uploading Date	24-04-2025
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