Vikki Kumar v. The State of Bihar
Bihar Prohibition and Excise Act, 2022 – seizure of vehicle – release
Case brief
What is this about?
Patna High Court, Civil Writ Jurisdiction Case No.4826 of 2025, decided 25-04-2025 (order per P. B. Bajanthri, J; bench of P. B. Bajanthri and S. B. Pd. Singh, JJ). Petitioner Vikki Kumar sought mandamus for release of his Mahindra Thar vehicle (Registration No-DL1CAG7861, Chasis NoMA1UJ4YK2N2L26809, Engine No-YKN4L82701) seized in connection with Hajipur Town P.S. Case No. 903 of 2024 dated 06.11.2024 under Sections 281, 324(4), 132, 126(2), 115(2), 121, 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Sections 37(c) and 45 of the Bihar Prohibition and Excise Act, 2022 (Amended), and a declaration that the seizure was illegal absent any recovery of liquor. Held: the seizure memo shows no liquor recovered; the allegation was driver intoxication, for which a case under the Motor Vehicle Act 1988 read with the Police Manual should have been registered; SP, Vaishali directed to release the vehicle; petition disposed of. Petitioner's counsel: Mritunjay Kumar; respondents represented by Pranoy Kumar, AC to GP-12.