Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4551 of 2025 ====================================================== Ajay Kumar S/o- Sagar Prasad, R/o Village- Malahi Tola, P.S- Bariya, District- West Champaran.

... ... Petitioner.

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer in Charge of Kuchaikot Police Station, District- Gopalganj. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Adesh Raj, Advocate.

For the State :

Mr. Madanjeet Kumar, GP-20.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 23-04-2025 In the instant writ petition, the petitioner has prayed for the following relief(s):

"I. For that this civil writ application is being filed for commanding and directing the respondents authorities to release the Creata Car of the petitioner bearing Reg. no. BR-01CN-4499 and he has every valid document for the same and having Chesis no.

MALC381CMGM171677, Engine nо.- G4FGGW539230, seized by Kuchaikot Police Station, Gopalganj in connection with Kuchaikot, P.S Case No.298 of 2024 dated 10.07.2024 registered for the offences punishable U/S 317(5) of BNS, 2023 & 47, 52 of the Bihar Prohibition and Excise Act 2022,

Patna High Court CWJC No.4551 of 2025 dt.23-04-2025 2/3 in favour of the petitioner or his representative, in favour of the petitioner or his representative.

II. For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No.7920/2023).

III. Any other relief/s to which the Petitioner is entitled in the facts and circumstances of the case."

2. In support of the aforementioned relief, there is no demand before the competent authority in particularly under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

3. In the absence of demand before the competent authority, the instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.

4. Disposal of the instant writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such application.

Patna High Court CWJC No.4551 of 2025 dt.23-04-2025 3/3

5. With the above observation, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2025.

Transmission Date NA