Upendar v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6498 of 2026 ====================================================== Upendar S/o - Vishwanath Chauhan, Vill - Vedupar (Nawka Tola), P.S. - Tataiya Sujan, Dist. - Kushi Nagar.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Station House Officer, Phulwariya, Distt. - Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar, Advocate For the State :

Mr. Vivek Prasad (GP-7) Ms. Roona (AC to GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 29-06-2026 It appears that the petitioner has directly moved before this Court for release of the vehicle in question.

2. The writ application is not fit to be entertained, however, we observe that the petitioner may, if so advised, seek his remedy for release of the vehicle in question before the competent authority in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date).

3. Learned counsel for the petitioner submits that the petitioner is innocent and he had no information of the liquor kept in the vehicle. He had given his tractor with trolley fitted

Patna High Court CWJC No.6498 of 2026(2) dt.29-06-2026 2/2 with a paddy thresher on rent. This Court cannot go into such ex-parte statements. Presently the matter relates to release of the vehicle and for that a statutory forum is already available.

4. If such an application is filed for release within a period of 30 days from today, the component authority or the officer authorized by him shall consider the same and pass an appropriate order thereon keeping in view the guidelines already provided under the Rules. The application shall be disposed of within a further period of 30 days from the date of filing of the application.

5. This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) (Kumar Manish, J) Amitkumar/ Sanjeev U