Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2186 of 2026 ====================================================== Chandan Kumar Son of Maheshwar Prasad Mandal, Resident of Village Dubouni, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Excise and Registration, Government of Bihar, Patna.

2.

The District Magistrate / Collector-cum- Confiscating Authority, Banka, Bihar.

3.

The Superintendent of Police, Banka, Bihar.

4.

The Officer-in-charge, Panjwara Police Station, Banka, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi, Adv.

Mr. Saurabh Raj, Adv.

For the State :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== 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 directing the Respondents to release Mahindra Scorpio S-11 vehicle of the petitioner bearing Registration No. JH15AC4759, Chassis No. MA1TA2XM2N2D44974, Engine No. XMN4D17993, which has been seized in connection with Panjwara P.S.Case No. 27/2024 dated 14.3.2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against four persons including the driver of the aforesaid vehicle in question, namely Rahul Kumar on account of recovery of 81 liters of illicit

Patna High Court CWJC No.2186 of 2026(2) dt.23-02-2026 2/2 liquor.

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the Rules, 2023") for release of the aforesaid vehicle upon payment of penalty. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate application is filed under Rules, 2023 before the competent authority / authorized officer within a period of four weeks from today, the same shall be considered on merits and a reasoned and a speaking order, in accordance with law, shall be passed within a period of four weeks, thereafter.

4.

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

(Mohit Kumar Shah, J) ( Alok Kumar Pandey, J) Ajay/- U