Devnandan Yadav @ Prince Kumar @ Devan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Devnandan Yadav @ Prince Kumar @ Devan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of without adjudication; petitioner granted liberty to seek his remedy in accordance with law before the competent authority; if the release application is filed within 30 days, the competent authority must decide it within a further 30 days; penalty quantum to follow the factors in the Rules.

Issue for consideration

Whether the writ petition seeking release of a seized vehicle should be entertained by the Court despite the petitioner having an available statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.

Court's answer

Because the petitioner has a statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date), the Court refrains from entertaining the writ application and disposes of it with liberty to the petitioner to seek his remedy in accordance with law before the competent authority.

Ratio / Principle

If an application for release of the vehicle is preferred before the competent authority within a period of 30 days from the date of the order, the competent authority shall consider and dispose of the same within another period of 30 days.

Key takeaways

While fixing the quantum of penalty, regard shall be had to the factors enumerated in the Rules themselves.ratio¶23

Detailed headnote1 paragraphs

PATNA HIGH COURT (CIVIL WRIT JURISCTION CASE NO. 6742 OF 2026) — Vehicle seizure/release — Bihar Prohibition and Excise Rules, 2021, Rule 12A — Petitioner, from whose Mahindra Bolero Pickup 310 litres of country-made liquor was recovered (vehicle under seizure, FIR Annexure ‘P/1’), moved the writ Court directly for release of the vehicle. The Bench (Rajeev Ranjan Prasad and Kumar Manish, JJ.; order per Rajeev Ranjan Prasad, J.), noting the statutory remedy available under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date), declined to entertain the writ application and disposed of it with liberty to seek relief before the competent authority. Directions issued: (i) any release application preferred before the competent authority within 30 days of the order shall be considered and disposed of by that authority within a further 30 days; and (ii) in fixing the quantum of penalty, regard shall be paid to the factors enumerated in the Rules themselves. Decided 01-07-2026. Disposition: writ application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6742 of 2026

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

Devnandan Yadav @ Prince Kumar @ Devan, Son of Upendra Yadav @ Surendra Yadav, Resident of Village - Ambatari, P.S.- Champaran, DistrictHazaribagh, State - Jharkhand.

... ... Petitioner

Versus

The State of Bihar through the Additional Chief Secretary, Bihar Prohibition and Excise Department, Government of Bihar at Patna.

The Additional Chief Secretary Excise Department, Govt. of Bihar, Patna.

The District Magistrate, Gaya.

The Superintendent of Police, Gaya.

The Officer Incharge, Wazirganj, District- Gaya.

... ... Respondents

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

Appearance :

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate For the State : Mr. Prabhat Kumar, AC to GA-11

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

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 01-07-2026

It appears that the petitioner has directly moved this Court in its writ jurisdiction for release of the vehicle in question. It is stated that 310 litres of country made liquor has been recovered from the Mahindra Bolero Pickup of the petitioner which is under seizure and one FIR has been registered which is Annexure ‘P/1’ to the writ application.

2. Since the petitioner has a statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date), we refrain from entertaining the writ application. It is being disposed of with liberty to the petitioner

Patna High Court CWJC No.6742 of 2026(2) dt.01-07-2026 2/2

to seek his remedy in accordance with law before the competent authority.

3. If an application for release of the vehicle is preferred before the competent authority within a period of 30 days from today, the same will be considered and disposed of by the competent authority within another period of 30 days. While fixing the quantum of penalty, regards shall be paid to the factors enumerated in the Rules itself.

4. This writ application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J)

(Kumar Manish, J)

lekhi/-

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