Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3420 of 2026 ====================================================== Suraj Kumar S/o Lalo Rajvanshi, Resident of Village- Chandaura, P.SChhavilapur, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Prohibition Excise and Registration Department, Government of Bihar, Patna. 2.
The Commissioner, Prohibition Excise and Registration Department, Government of Bihar, Patna.
3.
The Assistant Commissioner, Prohibition Excise and Registration Department, Government of Bihar, Patna.
4.
The District Magistrate cum Collector, Gaya.
5.
The Excise Superintendent of Police, Gaya.
6.
The Station Head Officer, Police Station Wazirganj, Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj, Advocate For the Respondent/s :
Mr. Prashant Pratap, GP-2 Mr. Shadwal Harsh, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 18-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. This writ application has been preferred seeking the following reliefs:- "(I) For issuance of an appropriate writ/order/direction commanding to the Respondent Authorities for direction to the Respondent Authorities to release the seized Apache Motorcycle of the petitioner bearing Reg. No.BR27T-3713, Model No. TVS Apache RTR 1602V RM DISC BS-4, Engine
Patna High Court CWJC No.3420 of 2026(3) dt.18-06-2026 2/3 No.AE8DP2013697, Chassis No.MD634BE8XP2D13501, Colour-Blue. Despite the fact that the petitioner had already lodged an FIR of theft against unknown persons prior to the alleged Excise offence.
(II) For any others order/orders for which this Hon'ble Court may deem fit and proper."
3. It is the case of the petitioner that he is a registered owner of the Apache Motorcycle which was stolen away on 01.10.2025. In connection with the theft of his vehicle, the petitioner lodged Chhabilapur P.S. Case No.163 of 2025 dated 08.10.2025 registered under Section 303(2) of the Bhartiya Nyay Sanhita (in short 'BNS') against the unknown persons.
4. It appears that, later on, the vehicle in question was seized in connection with Wazirganj P.S. Case No.702/2025 dated 18.10.2025 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (As Amended Uptodate).
5. In the counter affidavit filed on behalf of the S.P., Nalanda, it is specifically stated in paragraph '9' that after registration of FIR, investigation of the case was conducted in a proper, fair and impartial manner. In paragraph '10' of the counter affidavit, it is stated that the motorcycle was indeed stolen and was conclusively found to be true against unknown accused persons.
Patna High Court CWJC No.3420 of 2026(3) dt.18-06-2026 3/3
6. In view of the averments present in the counter affidavit of the S.P., Nalanda, this Court is of the considered opinion that the motorcycle in question cannot be subjected to confiscation and the petitioner would not be liable to pay any penalty for purpose of release of the vehicle.
7. We grant liberty to the petitioner to file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (As Amended Uptodate) before the competent authority seeking release of the vehicle in question. The competent authority shall pass an appropriate order thereon for release of the vehicle. In view of our findings recorded hereinabove, no penalty shall be imposed upon the petitioner. The competent authority must pass the order for release within a period of two weeks from the date of filing of the application.
8. This writ application is allowed to the extent hereinabove.
(Rajeev Ranjan Prasad, J) ( Kumar Manish, J) arvind/- U