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

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

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file an appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 within four weeks for release of the seized vehicle on payment of penalty; the competent authority/authorised officer directed 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 the Maruti Suzuki Dzire ZXI vehicle (Registration No. BR 01 HT 9240) seized in connection with Bahoranpur P.S. Case No.92 of 2025.

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') for release of the seized vehicle on payment of penalty.

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.

Key takeaways

The competent authority/authorised officer shall pass a reasoned and a speaking order within a period of four weeks, thereafter (i.e., after the petition under Rule 12 A is filed).ratio¶23
The present writ petition stands disposed of on the aforesaid terms (liberty to move under Rule 12 A of the Rules, 2023, with a direction to the competent authority to decide on merits by a reasoned, speaking order).ratio¶24

Detailed headnote1 paragraphs

Excise – Release of seized vehicle – Writ petition under Civil Writ Jurisdiction seeking release of a Maruti Suzuki Dzire ZXI car (Regn. No. BR 01 HT 9240) seized in connection with Bahoranpur P.S. Case No.92 of 2025 dated 12.08.2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the petitioner after recovery of 18 liters of illicit liquor from the vehicle. Instead of deciding release directly, the Division Bench (Mohit Kumar Shah, J.) granted the petitioner liberty to apply under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle on payment of penalty, within four weeks; directed that the competent authority/authorised officer shall consider such petition on merits and pass a reasoned and speaking order within four weeks thereafter; writ petition disposed of accordingly. No precedent cited; no quantum fixed (penalty amount left to the Rule 12 A process).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2796 of 2026

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Rishikesh Thakur (Male), S/o Tilendra Thakur, R/o Village-Rajpur Char Ghat, P.S.-Bhojpur, District-Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar through its Principal Secretary Department of Excise, Government of Bihar, Patna.

The District Magistrate cum Collector, Bhojpur.

The Superintendent of Police, Bhojpur.

The SHO, P.S.-Bahoranpur, Bhojpur. 5. The ASI Satyanaran Singh, P.S.-Bahoranpur, District- Bhojpur. 6. The ASI Manoj Kumar, P.S.-Bahoranpur (I.O), District- Bhojpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate For the Respondent/s : Government Pleader 04

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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 Maruti Suzuki Dzire ZXI vehicle bearing Registration No. BR 01 HT 9240, Chassis No. MA3CZFB3SRB865702, Engine No. K12NN9217982, which has been seized in connection with Bahoranpur P.S. Case No.92 of 2025 dated 12.08.2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the petitioner herein on account of recovery of 18 liters of illicit liquor from the said

Patna High Court CWJC No.2796 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’) for release of the vehicle, on payment of penalty. 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./- U