Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4019 of 2026 ====================================================== Manoj Kumar Yadav son of Manbodh Yadav, Permanent resident of VillageSherpur, Near Shiv Mandir, P.S.- Churamanpur, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Bailey Road, P.S.- Kotwali, Patna-1.

2.

The Principal Secretary, Excise, Bailey Road, Patna-1. 3.

The Collector, Buxar.

4.

The Superintendent, Excise, Buxar.

5.

The Superintendent of Police, Buxar.

6.

The Station House Officer, Krishnabrahma P.S., Buxar. 7.

Mr. Bharat Yadav, Investigating Officer, Krishnabrahma P.S.Case No. 164 of 2025, District- Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma, Adv.

For the Respondent/s :

Mr.Standing Counsel (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 30-03-2026 The present writ petition has been filed for release of the Tata Truck bearing Registration No. UP53DT7974, Chassis No. MAT466429GHYN14200 and Engine No.

S03082461J84338711, which has been seized in connection with Krishnabrahma P.S. Case No. 164 of 2025 dated 16.11.2025, registered under Section 30(a) of the Bihar Prohibition and Excise(Amendment) Act, 2018 on account of recovery of 259.2 liters of illicit foreign liquor.

Patna High Court CWJC No.4019 of 2026(2) dt.30-03-2026 2/2 2.

At the outset, the Ld. Counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023') for release of the Tata Truck in question on payment of penalty. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate application is filed by the petitioner under Rule 12A(2) of the Rules, 2023 within a period of two weeks from today, the competent authority shall consider the same on merits and pass a reasoned and a speaking order within a period of two weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) ( Arun Kumar Jha, J) Ajay/- U