Rajmangal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2802 of 2026 ====================================================== Rajmangal Sahani, Male, S/o Nirbal Sahni, Resident of Village- Koa Mohabbatpur, P.S.- Lalganj, District Vaishali (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The District Magistrate -cum- Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Officer-in-charge (S.H.O.), Mirganj Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Addl. Advocate General 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 At the outset, the learned counsel for the petitioner submits that though the petitioner has filed an application dated 22.10.2024 under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023') for release of Mahindra Bolero Maxx Pup City 1.3 Lxd vehicle bearing registration No. BR 06 GG 0714, Chassis No. MA1RV2TUKR6B25891, Engine No. TUR4B27153, which has been seized in connection with Mirganj P.S. Case No.551 of 2024, registered under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 on account of recovery of 259.200 liters of

Patna High Court CWJC No.2802 of 2026(2) dt.23-02-2026 2/2 illicit liquor, however the learned Collector/the Authorised Officer, Gopalganj is not disposing of the said application dated 22.12.2024, annexed as Annexure P/3 to the present petition.

2. In such view of the matter, the learned counsel for the petitioner prays that the learned Collector/the Authorised Officer, Gopalganj be directed to dispose of the aforesaid application filed under Rule 12 A of the Rules, 2023 within a stipulated time frame.

3. Having regard to the limited prayer made by the learned counsel for the petitioner, we deem it fit and proper to direct the learned Collector/the Authorised Officer, Gopalganj to consider the aforesaid application filed by the petitioner under Rule 12 A of the Rules, 2022, in case the same has actually been filed and pass a reasoned and a speaking order, in accordance with law within a period of four weeks from receipt/production of a copy of this order.

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

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