Sikander Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sikander Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks for release of the seized vehicle upon payment of penalty; the competent authority/authorised officer to consider such application on merits and pass a reasoned and speaking order in accordance with law within four weeks thereafter.

Issue for consideration

Whether the petitioner is entitled to release of the Ford Ecosport (white colour) vehicle bearing Chassis No.MAJAXXMRKAGL57348 and Engine No. GL57348 seized in connection with Gopalganj Excise P.S. Case No.821 of 2025.

Court's answer

Liberty is granted to the petitioner to file an appropriate application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized vehicle upon payment of penalty.

Ratio / Principle

If the application under Rule 12A of the Rules, 2023 is filed within four weeks, the competent authority/authorised officer shall consider it on merits and pass a reasoned and speaking order in accordance with law within four weeks thereafter.

Key takeaways

The writ petition stands disposed off on the aforesaid terms.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah and Alok Kumar Pandey, JJ.; order per Mohit Kumar Shah, J) disposed of a writ petition by Sikander seeking release of a white Ford Ecosport (Chassis No.MAJAXXMRKAGL57348, Engine No. GL57348) seized in connection with Gopalganj Excise P.S. Case No.821 of 2025, registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 against one Sahil and the owner of the vehicle after recovery of 208.950 litres of illicit liquor. The Court granted liberty to file an appropriate application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks for release of the vehicle upon payment of penalty, and directed that if such application is filed, the competent authority/authorised officer shall consider it on merits and pass a reasoned and speaking order in accordance with law within four weeks thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2223 of 2026

======================================================

Sikander Son of Ram Karan, Resident of Village- Gamri, P.S.- Ganwari, Distt.- Sonipat, State- Haryana.

... ... Petitioner/s

Versus

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

The Deputy Secretary, Excise, Prohibition and Registration Department, Government of Bihar, Patna.

The Collector, Gopalganj, District- Gopalganj.

The Superintendent of Police, Gopalganj.

The Sub Inspector Excise P.S., District- Gopalganj.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr.Priya Raj, Advocate For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13 ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2 23-02-2026 The present writ petition has been filed for release of Ford Ecosport (white colour) vehicle bearing Chassis No.MAJAXXMRKAGL57348 and Engine No. GL57348, which has been seized in connection with Gopalganj Excise P.S. Case No.821 of 2025, registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 against one Sahil and the owner of the vehicle on account of recovery of 208.950 litres of illicit liquor.

At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.2223 of 2026(2) dt.23-02-2026 2/2

seeks liberty on behalf of the petitioner to file appropriate application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules, 2023’) for release of the aforesaid vehicle in question upon payment of penalty. Liberty so sought is granted.

It is needless to state that in case appropriate application is filed under Rule 12A of the Rules, 2023 within a period of four weeks from today, the competent authority/authorised officer shall consider the same on merits and pass a reasoned and a speaking order in accordance with law within a period of four weeks, thereafter.

Accordingly, the writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J)

(Alok Kumar Pandey, J)

kanchan/-

U