Jagpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2230 of 2026 ====================================================== Jagpal Son of Hoshiyara, Resident of Village- Saragthal, P.S.- Gohana, DisttSonipat, State- Haryana. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise, Prohibition and Registration Department, Government of Bihar, Patna. 2.

The Deputy Secretary, Excise, Prohibition and Registration Department, Government of Bihar, Patna.

3.

The Collector, Madhubani, District- Madhubani. 4.

The Superintendent of Police, Madhubani.

5.

The Sub Inspector Bhairav Sthan P.S., District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priya Raj, Advocate For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 30-03-2026 The present writ petition has been filed for release of the truck bearing Registration No. HR69B4828, Chassis No. MAT447220E3B01660 and Engine No.

B591803241A63359526, which has been seized in connection with Bhairav Sthan P.S. Case No. 05 of 2023 dated 10.01.2023, registered under Sections 272, 273, 420 and 120(B) of the Indian Penal Code and Sections 30(a), 32(i) (ii), 36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018 on

Patna High Court CWJC No.2230 of 2026(2) dt.30-03-2026 2/2 account of recovery of 427.320 liters of illicit foreign liquor. 2.

At the outset, the Ld. Counsel for the petitioner seeks 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 truck 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 of on the aforesaid terms.

(Mohit Kumar Shah, J) (Arun Kumar Jha, J) S.Sb/- U