Anil Kumar v. The State of Bihar
Case brief
What is this about?
Vehicle-release writ petition (CWJC No. 1260 of 2026, Patna High Court, disposed 28-01-2026) by Anil Kumar against State of Bihar excise officials (Gopalganj) seeking release of Honda Motorcycle BR29AU3627 seized 03.02.2024 in Baikunthpur P.S. Case No. 33 of 2024 under Sections 30(a) and 41, Bihar Prohibition and Excise Act, 2016, after recovery of 70 litres illicit spirit; Court channelled petitioner to Rule 12A of Bihar Prohibition and Excise (Amendment) Rules, 2023 (release of vehicle on payment of penalty) with four-week filing window and six-week deadline for reasoned, speaking order by competent authority; Judges: Mohit Kumar Shah (author), Alok Kumar Pandey; advocates: Priya Raj (petitioner), Rajeshwar Singh GA-10 and Pramendra Kumar Singh AC to GA-10 (State).
What did the court decide?
Liberty to the petitioner to file an application under Rule 12A of the Rules, 2023 before the competent authority within four weeks; the competent authority, upon receipt of such application, to consider it in accordance with law and pass a reasoned and speaking order within six weeks thereafter. No immediate/direct release of the motorcycle was ordered by this Court.