Arvind Kumar Vs The State of Bihar, through the Principal Secretary — Patna HC (2026) — LawSathi Research

Arvind Kumar Vs The State of Bihar, through the Principal Secretary — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ disposed of without deciding merits, with directions: (i) if no confiscation proceeding is pending with the Collector/authorised officer, petitioner may apply for release before the Exclusive Special Excise Judge, Saran at Chapra (following Zast Logisolutions, 2026(4) BLJ 424); (ii) if a confiscation proceeding is pending, petitioner may apply to the Collector/authorised officer, who must consider it and pass an order within one month of filing; (iii) liberty to place legal provisions and judicial pronouncements before the concerned court/authority.

Issue for consideration

Whether the petitioner is entitled to release of the 2200 liters of spirit/mineral oil (11 drums) and his mobile phone seized in Khaira (Nagara) P.S. Case No. 287 of 2023, given the reported chemical finding of 0.0% ethyl alcohol. +1 more

Court's answer

Where no confiscation proceeding is pending with the Collector/authorised officer for confiscation of the articles in question, it will be open to the petitioner to file an appropriate application for release in the Court of Exclusive Special Excise Judge, Saran at Chapra — recorded in view of this Court's recent judgment in Zast Logisolutions (2026(4) BLJ 424).

Ratio / Principle

Where any confiscation proceeding is pending before the Collector/authorised officer, the petitioner may file an appropriate application for release of the spirit as well as all other articles; the application will be considered and an appropriate order passed by the Collector/authorised officer within one month of filing.

Key takeaways

The petitioner remains free to place legal provisions and judicial pronouncements on the subject before the learned Court/competent authority, as the case may be.obiter¶¶26

Detailed headnote1 paragraphs

Patna High Court (oral order per Rajeev Ranjan Prasad, J; bench incl. Kumar Manish, J) disposed of a mandamus writ seeking release of 2200 liters of spirit/mineral oil (11 drums) and the petitioner's mobile phone (IMEI No. 868508058892132) seized in Khaira (Nagara) P.S. Case No. 287 of 2023, dt. 03.08.2023, under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018, after counsel reported that the chemical examination showed 0.0% ethyl alcohol. Without going into the merits, the Court directed: if no confiscation proceeding is pending with the Collector/authorised officer, the petitioner may file an appropriate release application in the Court of Exclusive Special Excise Judge, Saran at Chapra, in view of this Court's recent judgment in Zast Logisolutions v. State of Bihar & Ors., 2026(4) BLJ 424 (followed); if a confiscation proceeding is pending, the petitioner may apply for release of the spirit and all other articles to the Collector/authorised officer, who shall pass an appropriate order within one month of filing. Liberty to place legal provisions and judicial pronouncements before the concerned court/competent authority.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5593 of 2026

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

Arvind Kumar Son of Ramshlok Singh, Resident of Village - Baratpur, P.S. - Didarganj, District- Patna.

... ... Petitioner

Versus

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

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

The District Magistrate, District- Saran at Chapra.

The Additional District Magistrate (Excise) Saran at Chapra.

The Senior Superintendent of Police, District- Saran at Chapra.

The Officer In - Charge, Khaira (Nagara) Police Station, District- Saran at Chapra.

... ... Respondents

====================================================== Appearance : For the Petitioner : Mr. Nitish Kumar, Advocate For the State : Mr. Government Pleader (16)

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 09-07-2026 Heard learned counsel for the petitioner and the

State.

2. Petitioner is seeking a writ in the nature of Mandamus, commanding the Respondents, particularly, Respondent No.3 to forthwith release 2200 liters of spirit/ mineral oil (11 drums) and the mobile phone bearing IMEI No. 868508058892132 of the petitioner seized in connection with Khaira (Nagara) P.S. Case No. 287 of 2023 dated 03.08.2023,

Patna High Court CWJC No.5593 of 2026(2) dt.09-07-2026 2/3

registered under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018.

3. In course of hearing of the petition, learned counsel for the petitioner has informed that the chemical examination report of the spirit has conclusively established that the seized substance contains 0.0% ethyl alcohol. The petitioner is the proprietor of “Maa Durga Pent Plastic” and the said material was lawfully ordered and stored for bona fide business purposes and not for any unlawful activity. Despite the scientific report clearly negating the presence of alcohol and the applicability of Bihar Prohibition and Excise Act, the respondent authorities proceeded to seize the said material and personal belongings of the petitioner.

4. In the nature of the relief prayed for, without going into the merit of the contentions, this Court records that, in case, no confiscation proceeding is pending with the Collector/ authorised officer for confiscation of the articles in question, it will be open to the petitioner to file an appropriate application in the Court of Exclusive Special Excise Judge, Saran at Chapra. This, we are saying, in view of the recent judgment of this Court in the case of Zast logisolutions vs state of Bihar & Ors. reported in 2026(4) BLJ 424.

Patna High Court CWJC No.5593 of 2026(2) dt.09-07-2026 3/3

5. In case, any confiscation proceeding is pending before the Collector/ authorised officer, the petitioner may file an appropriate application for release of the spirit as well as all other articles which will be considered and an appropriate order thereon shall be passed by the Collector/ authorized officer within a period of one month from the date of filing of the application.

6. It is open to the petitioner to place legal provisions and judicial pronouncements on the subject before the learned Court/ competent authority, as the case may be.

7. This writ application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J)

(Kumar Manish, J)

ritwika/-

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