Abhishek Kumar @ Abhishek Kumar Gupta Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abhishek Kumar @ Abhishek Kumar Gupta Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file an appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks; the competent authority/authorised officer to consider such petition on merits and pass a reasoned and speaking order within four weeks thereafter.

Issue for consideration

Whether the petitioner is entitled to release of his Toyota Urban Cruiser vehicle (Registration No. BR 44 R 0648) seized in connection with Buxar Excise P.S. Case No.180 of 2025, registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 after recovery of 22.600 liters of illicit liquor.

Court's answer

Liberty is granted to the petitioner to file an appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 ('Rules, 2023'), pursuant to the request made by the learned counsel for the petitioner.

Ratio / Principle

In case an appropriate petition is filed under Rule 12 A of the Rules, 2023 within four weeks, the competent authority/authorised officer shall consider the same on merits and pass a reasoned and a speaking order within four weeks thereafter.

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 2751 of 2026 (decided 23-02-2026) — Vehicle seizure/release; Bihar Prohibition and Excise Act, 2016, S. 30 (a); Bihar Prohibition and Excise (Amendment) Rules, 2023, Rule 12 A. The petitioner sought release of his Toyota Urban Cruiser (Regn. No. BR 44 R 0648) seized in connection with Buxar Excise P.S. Case No. 180 of 2025, registered after recovery of 22.600 liters of illicit liquor from the vehicle. The petition was not adjudicated on merits: it was disposed of with liberty to the petitioner to invoke the statutory remedy under Rule 12 A of the Rules, 2023 within four weeks, upon which the competent authority/authorised officer is to consider the petition on merits and pass a reasoned and speaking order within four weeks thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2751 of 2026

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Abhishek Kumar @ Abhishek Kumar Gupta, Male, S/o Satyanarayan Sah, R/o Vill- Purushottampur, P.S- Itarhi, Dist- Buxar.

... ... Petitioner/s

Versus

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

The Director General of Police, Govt. of Bihar, Patna.

The Excise Commissioner of Bihar, Patna.

The District Magistrate-cum-Collector, Buxar.

The Superintendent of Police, Buxar. 6. The Superintendent of Excise, Buxar.

The S.H.O. Buxar Excise Police Station, Dist.- Buxar.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate For the Respondent/s : Standing Counsel (25)

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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)

2 23-02-2026 The present writ petition has been filed for release

of Toyota Urban Cruiser vehicle bearing Registration No. BR 44 R 0648, Chassis No. MA3PYGJ1SNG985824, Engine No. K15BN4299126, which has been seized in connection with Buxar Excise P.S. Case No.180 of 2025 dated 02.05.2025, registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 against the petitioner herein on account of recovery of 22.600 liters of illicit liquor from the said

Patna High Court CWJC No.2751 of 2026(2) dt.23-02-2026 2/2

vehicle in question.

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules, 2023’). Liberty, so sought, is granted.

3. It is needless to state that in case appropriate petition is filed under Rule 12 A 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 within a period of four weeks, thereafter.

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

(Mohit Kumar Shah, J)

( Alok Kumar Pandey, J)

GAURAV S./-

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