Rahul Jha @ Rahul Kumar Jha Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rahul Jha @ Rahul Kumar Jha Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus issued and the prayer for release of the vehicle was not entertained; the petitioner was left to pursue the statutory remedy under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 before the competent authority, which is to consider any such application within 30 days; contentions of the parties left open.

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents to release vehicle bearing Registration No. BR-09AT-9455, seized in connection with Samastipur (Muffasil) P.S. Case No. 428/25 registered under Section 30(a) of the Bihar Prohibition and Excise Act, in favour of the petitioner. +1 more

Ratio / Principle

Without going into the merit of the contentions, the Court declined to entertain the writ application directly filed for the remedy applied.

Key takeaways

The petitioner may seek his remedy in terms of the statutory provisions under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 (as amended upto date) before the competent authority.ratio¶28
If the petitioner prefers such an application, the competent authority will consider it within a period of 30 days and pass an appropriate order thereon; the contentions of the parties were left open.ratio¶29

Detailed headnote1 paragraphs

Writ application under the civil writ jurisdiction of the Patna High Court seeking a writ of mandamus for release of vehicle bearing Registration No. BR-09AT-9455, seized in connection with Samastipur (Muffasil) P.S. Case No. 428/25 registered under Section 30(a) of the Bihar Prohibition and Excise Act. The State pointed out that the petitioner is accused in at least three other cases under the Act and has avoided appearing in the ongoing confiscation proceeding. Without entering into the merits, the Bench (per Rajeev Ranjan Prasad, J) declined to entertain the directly filed writ application and disposed of it, directing the petitioner to seek his remedy under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 (as amended upto date) before the competent authority, which was to consider any such application within 30 days and pass an appropriate order; contentions of the parties were left open.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7073 of 2026

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Rahul Jha @ Rahul Kumar Jha S/o Bipin Jha, R/o Village- Morwa, Ward No.13, P.S.- Mushrigharari, District- Samastipur.

... ... Petitioner

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

Principal Secretary, Department of Prohibition of Excise, Government of Bihar, Patna.

Director, Department of Prohibition of Excise, Government of Bihar, Patna.

District Magistrate, Samastipur.

Superintendent of Police, Samastipur.

Station Head Officer, P.S.- Samastipur (Muffasil), District- Samastipur.

Investigating Officer, Samastipur (Muffasil) P.S. Case No.- 428/25, DistrictSamastipur.

... ... Respondents

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Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14

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

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 07-07-2026

Heard learned counsel for the parties.

2. This writ application has been filed seeking the

following relief(s):-

“(i) For issuance a writ in the nature of Mandamus directing the respondents to release the vehicle bearing Registration No.- BR-09AT-9455 in favour of the petitioner, which is seized in connection with Samastipur (Muffasil) P.S. Case No. 428/25 registered U/S 30(a) of Bihar Prohibition and Excise Act;

Patna High Court CWJC No.7073 of 2026(2) dt.07-07-2026 2/3

(ii) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the present case.”

3. While it is the case of the petitioner that only 1.5 litre of liquor has been recovered from his private vehicle, learned counsel for the State has informed that the petitioner is accused in at least three other cases registered under the Bihar Prohibition and Excise Act. Moreover, it is his submission that the vehicle is a private vehicle and the petitioner has not denied that the vehicle is in his possession. Confiscation proceeding is going on but the petitioner has avoided to appear in the confiscation proceeding.

4. Having regard to the submissions, without going into the merit of the contentions, we decline to entertain a writ application directly filed for the remedy applied.

5. The petitioner may seek his remedy in terms of the statutory provisions under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 (as amended upto date) before the competent authority.

6. If any such application is preferred by the petitioner, the same will be considered by the competent authority within a period of 30 days and an appropriate order shall be passed thereon. The contentions of the parties are left

Patna High Court CWJC No.7073 of 2026(2) dt.07-07-2026 3/3

open.

7. This writ application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J)

( Kumar Manish, J)

Ranjeet/-

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