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Patna High CourtCWJC/1041/2026disposed

Subhash Ram v. The State Of Bihar

2026-03-23Mr. Justice Mohit Kumar Shah,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1041 of 2026 ====================================================== Subhash Ram Son of Rangila Ram, Resident of Village- Turkaha Line Bazar, P.S. Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Prohibition and Excise, Govt. of Bihar, Patna. 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Excise, Gopalganj.

4.

The Officer-in-Charge, Gopalganj Police Station, Dist. Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhramveer, Advocate For the Respondent/s :

Government Advocate (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 23-03-2026 The present writ petition has been filed for release of the vehicle bearing Registration No. BR28AF9219, Chassis No. MBHCZCB3SPGC78306 and Engine No. K12NP7307316, which has been seized in connection with Gopalganj Excise P.S. Case No. 524 of 2025 dated 26.08.2025, registered under Sections 30(a), 32 and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018 on account of recovery of 20.750 litres of illicit liquor.

2.

At the outset, the Ld. Counsel for the petitioner seeks

Patna High Court CWJC No.1041 of 2026(3) dt.23-03-2026 2/2 liberty on behalf of the petitioner to file appropriate application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023') for release of the vehicle in question on payment of penalty. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate application is filed by the petitioner under Rule 12A(2) of the Rules, 2023 within a period of two weeks from today, the competent authority shall consider the same on merits and pass a reasoned and a speaking order within a period of two weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) (Ramesh Chand Malviya, J) S.Sb/- U