Laxman Sharma v. The State of Bihar
Writ disposed of as premature – release of seized vehicle
Case brief
What is this about?
Patna High Court CWJC No.4222 of 2025 (decided 23-04-2025; P.B. Bajanthri and S.B. Pd. Singh, JJ.) - writ petition for release of Scorpio car Regd. No. BR28E6545 (Engine no. GMC4A25148, Chassis no. MA1XTA2GMKC2A17602) seized in Manjhagarh P.S. Case No.267 of 2024 under BNS sections 126(2), 115(2), 262, 121(1), 132, 352, 3(5) and section 30(a) Bihar Prohibition and Excise Act; held premature for want of demand/application under Rule 12A of Bihar Prohibition and Excise Rules, 2021 (2022 and 2023 amendments); mandamus not maintainable; liberty to approach competent authority, which must pass speaking order within two weeks. Keywords: vehicle seizure release, premature writ, Rule 12A, Bihar Prohibition and Excise Rules 2021, mandamus maintainability.
What did the court decide?
In the absence of any demand before the competent authority (in particular under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, as amended in 2022 and 2023), the writ petition for a writ of mandamus is not maintainable and is premature.