Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5816 of 2026 ====================================================== Ajeet Kumar Son of Late Bindeshwari Sahani, resident of VillageRahuamani, Ward No.3, P.S.- Bangaon, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Excise Prohibition and Registration, Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Saharsa.

4.

The Superintendent of Police, Saharsa.

5.

S.H.O. Bangaon Police Station.

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Respondent/s :

Mr.Standing Counsel (09) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 13-07-2026

1. Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present writ application has been filed for a direction to the District Magistrate, Saharsa, to release the vehicle of the petitioner, bearing registration no. BR11GF-7882, Chassis No. MA12N2TTKS1A1250 and Engine No. TTR1M79649, which was seized in connection with Bangaon Police Station Case No. 107 of 2025, dated 07.07.2025, registered for the offences under Section 30 (a)/41 of the Bihar Prohibition and Excise Act, 2016, in

Patna High Court CWJC No.5816 of 2026(2) dt.13-07-2026 2/3 terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021.

3. Learned Counsel for the petitioner submits that at the relevant point of time, the vehicle, in question, was seized along with435 litres of cough syrup and, accordingly, First Information Report was lodged and the petitioner's vehicle was seized on the spot.

4. Learned Counsel for the State, referring to paragraph 14 of the counter affidavit, submits that the confiscation proceeding, bearing Confiscation Case No. 80 of 2026, has been initiated against the petitioner before the District Magistrate, Saharsa and summons has been served upon the petitioner. Further, the petitioner may avail the remedy under Rule 12A of the 2021 Rules.

5. Considering the nature of prayer made in the writ application and the fact that the petitioner has not availed the remedy under Rule 12A of the 2021 Rules, the present writ application is disposed with liberty to the petitioner to file an appropriate application in Form IV for release of his vehicle under Rule 12A of the 2021 Rules within a period of two weeks from today.

6. It is made clear that if such an application is filed by the

Patna High Court CWJC No.5816 of 2026(2) dt.13-07-2026 3/3 petitioner in Form IV within the aforesaid period, the Confiscating Authority/District Magistrate, Saharsa, shall dispose the same in accordance with law by a speaking order at the earliest, preferably within a period of two weeks from the date of filing of the petition. (Anil Kumar Sinha, J.) ( Vikash Kumar, J.) Prabhakar Anand/- U √