Disposed¶25

Anuj Sharma @ Anuj Kumar Sharma v. The State of Bihar

Bihar Prohibition and Excise Act, 2016 – release of seized vehicle

Patna HC23 Feb 2026CWJC/2002/2026

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What is this about?

Vehicle/motorcycle release after excise seizure; Bihar Prohibition and Excise Act, 2016 S. 30(a), S. 32; Rule 12A Bihar Prohibition and Excise (Amendment) Rules, 2023; Gopalganj Excise P.S. Case No. 577 of 2025; illicit liquor 13.800 litres; liberty to apply; payment of penalty; Collector-cum-District Magistrate as authorized officer; reasoned and speaking order within four weeks; writ disposed of.

What did the court decide?

Liberty to the petitioner to file an appropriate petition under Rule 12A of the Rules, 2023 within four weeks before the learned Collector-cum-District Magistrate, Gopalganj/authorized officer; the petition to be considered on merits and a reasoned and speaking order to be passed in accordance with law within four weeks thereafter. ¶25

Anuj Sharma @ Anuj Kumar Sharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner is entitled to release of the Hero Splendor+ Motorcycle (Regn. No. BR28AE1296) seized in connection with Gopalganj Excise P.S. Case No. 577 of 2025 under the Bihar Prohibition and Excise Act, 2016. +1 more

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Ratio / Principle

The Court deemed it fit and proper to grant liberty to the petitioner to file an appropriate petition under Rule 12A of the Rules, 2023 for release of the motorcycle.

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Key takeaways

Such petition must be filed within a period of four weeks before the learned Collector-cum-District Magistrate, Gopalganj/authorized officer.ratio¶24
The petition, once so filed, shall be considered on merits and a reasoned and speaking order shall be passed in accordance with law within a period of four weeks thereafter.ratio¶24
On these terms, the present writ petition stands disposed of.ratio

Detailed headnote1 paragraphs

Bihar Prohibition and Excise Act, 2016 — release of seized vehicle — writ petition for release of Hero Splendor+ Motorcycle (Regn. No. BR28AE1296) seized in Gopalganj Excise P.S. Case No. 577 of 2025 (Ss. 30(a) and 32; 13.800 litres illicit liquor recovered; petitioner caught on the spot) — Patna High Court (oral order per Mohit Kumar Shah, J.; coram: Alok Kumar Pandey, J.) declined to order immediate release and disposed of the petition, granting liberty to the petitioner to file an appropriate petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks before the Collector-cum-District Magistrate, Gopalganj/authorized officer, directing that such petition be considered on merits and a reasoned and speaking order passed in accordance with law within four weeks thereafter.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2002 of 2026

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Anuj Sharma @ Anuj Kumar Sharma Son of Rajdev Sharma, Resident of Village Mahammadpur, P.S. - Mahammadpur, District - Gopalganj.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

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The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

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The Collector-cum-District Magistrate, Gopalganj

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The Superintendent of Police, Gopalganj.

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The S.H.O. Excise P.S., District - Gopalganj.

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... ... Respondents

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Appearance :

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For the Petitioner : Mr. Bijay Prakash Singh, Adv. For the State : Mr. Kamlesh Kishore, AC to SC-12

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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2 23-02-2026

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The present writ petition has been filed for release of

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Hero Splendor+ Motorcycle bearing Registration No. BR28AE1296, Chassis No. MBLHAW227RHB99714, Engine No. HA11E8RHB87239 in favour of the petitioner, which has been seized in connection with Gopalganj Excise P.S. Case No. 577 of 2025 dated 13.09.2025, registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as "the Act, 2016") against the petitioner who was caught on the spot and 13.800 litres of illicit liquor was recovered.

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At the outset, the learned counsel for the petitioner

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Patna High Court CWJC No.2002 of 2026(2) dt.23-02-2026 2/2

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seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as "the Rules, 2023") for release of the motorcycle in question upon payment of penalty.

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The learned counsel for the respondent-State has got no objection.

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Having regard to the facts and circumstances of the case, we deem it fit and proper to grant liberty to the petitioner to file appropriate petition under Rule 12A of the Rules, 2023 and in case such a petition is filed within a period of four weeks before the learned Collector-cum-District Magistrate, Gopalganj/ authorized officer, the same shall be considered on merits and a reasoned and a speaking order shall be passed in accordance with law within a period of four weeks thereafter.

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Accordingly, the present writ petition stands disposed of on the aforesaid terms.

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(Mohit Kumar Shah, J)

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( Alok Kumar Pandey, J)

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shahzad/-

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Anuj Sharma @ Anuj Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Sharma @ Anuj Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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