Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2774 of 2026 ====================================================== Surendra Kumar, Male, Son of Laxmi Yadav, Resident of Village- Ram Nagar, Bangali Tola, Postal Park, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Development of Registration and Excise, Government of Bihar. 2.

The District Magistrate, Hajipur at Vaishali. 3.

The Superintendent of Police, Hajipur at Vaishali. 4.

The Sub- Divisional Officer, Hajipur at Vaishali. 5.

The S.H.O., Prohibition and Excise Police Station- Hajipur, DistrictVaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the State :

Mr. Mujatabul Haque, GP 12 Mr. Pranoy Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 23-02-2026 The present writ petition has been filed for release of Mahindra Supro Profittruck (CNG Duo) vehicle bearing Registration No. BR 01 GN 1863, Chassis No. MA1FN2PXRP6K55285, Engine No. PXP6K28820, which has been seized in connection with Hajipur (Prohibition) P.S. Case No.164 of 2025, registered under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act, 2016 against the petitioner herein on account of recovery of 405.360

Patna High Court CWJC No.2774 of 2026(2) dt.23-02-2026 2/2 liters of illicit liquor from the said vehicle in question.

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023'). Liberty, so sought, is granted.

3. It is needless to state that in case appropriate petition is filed under Rule 12 A of the Rules, 2023 within a period of four weeks from today, the competent authority/authorised officer shall consider the same on merits and pass a reasoned and a speaking order within a period of four weeks, thereafter.

4. Accordingly, the present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) (Alok Kumar Pandey, J) GAURAV S./- U