Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5010 of 2026 ====================================================== Manish Kumar Son of Nandik Ram, Resident of Mohalla- Ambedkar Colony, Nala Road, Near Dr. Utpal Kant, P.S.- Kadumkuan, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Excise, Dist- Patna. 2.

The District Magistrate, District- Patna.

3.

The Superintendent of Police, District- Patna. 4.

The Police Inspector cum Investigation Officer. 5.

The Superintendent of Excise, Patna.

6.

The Deputy Superintendent of Excise, Patna.

7.

The Executive Magistrate, Sub-division, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Rashmi Bharti, Advocate For the Respondent/s :

Mr. Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 24-04-2026 Heard learned counsel for the petitioner and learned AC to GP-4 for the State.

2. The petitioner in the present writ application is seeking the following reliefs:- "(a) For the issuance of appropriate writ order/direction commanding the Respondent authorities to release the vehicle CNG Tempo bearing Registration No. BR01 PQ2192, Engine No. AZXWPD73083, Chassis No.

MD2B47AXXPWD45008 in favour of the petitioner, who is owner of the seized vehicle which was seized in Phulwarisharif P.S. Case

Patna High Court CWJC No.5010 of 2026(2) dt.24-04-2026 2/3 No. 1353 of 2024 dated 10.09.2024 under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

(b) For issuance of appropriate writ/order/direction commanding the respondent authorities to release the vehicle of petitioner during the pendency of criminal case.

(c) For the issuance of appropriate writ/order/direction commanding the respondent authorities to make proper arrangement for safe custody of the said vehicle which is kept in open sky.

(d) Any other order/orders, direction/directions, relief/reliefs as your Lordship deem fit and proper in the facts and circumstances of the case."

3. It appears on perusal of the records that the petitioner being the vehicle owner has been made accused in this case. The petitioner has not approached the competent authority in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date) (hereinafter referred to as the 'Rules of 2021 (as amended up to date)') for release of the vehicle in question.

4. Mr. Deepak Kumar, learned AC to GP-4 for the State submits that the petitioner has an alternative statutory remedy before the District Magistrate, Patna or the Confiscating

Patna High Court CWJC No.5010 of 2026(2) dt.24-04-2026 3/3 Authority having jurisdiction.

5. Having regard to the facts and circumstances stated hereinabove and the pleadings on the record, as also keeping in view the Rule 12A of the Rules of 2021 (as amended up to date), we grant liberty to the petitioner to approach the District Magistrate, Patna or the Confiscating Authority, as the case may be, within a period of one month from today.

6. If any such application is preferred within the given period, the said authority shall consider the same and pass an appropriate order within two weeks from the date of filing of the application.

7. During such time, the vehicle in question shall not be auction sold.

8.

This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) (Soni Shrivastava, J) lekhi/- U