Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6833 of 2026 ====================================================== Aman Kumar Son of Nirmal Kumar, Resident of village- Bhushahula, PostKarwan, Police Station - Ara Muffasil, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna. 3.

The Excise Commissioner, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

4.

The District Magistrate-cum-Collector, Patna, District- Patna. 5.

The Assistant Excise Commissioner, Patna, District- Patna. 6.

The Senior Superintendent of Police, Patna, District- Patna. 7.

The District Transport Officer, Patna, District- Patna. 8.

The Station Head Officer, Janipur Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Gaurav, Advocate For the Respondent/s :

Mr. Prabhat Kumar (AC to GA-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 01-07-2026 Heard learned counsel for the petitioner and learned A.C. to G.A.-11 for the State.

2. The petitioner in this case is seeking release of the Toto vehicle which has been seized in connection with Phulwarisharif (Janipur) P.S. Case No. 2146 of 2025 dated 30.12.2025 under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).

3. It appears that the petitioner is aware of the Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up-

Patna High Court CWJC No.6833 of 2026(2) dt.01-07-2026 2/2 to-date) but he has not preferred an application in the prescribed format before the competent authority for release of the vehicle.

4. Learned counsel for the petitioner seeks permission to file an appropriate application before the competent authority within a period of 30 days from today.

5. Permission is granted. The petitioner may avail the alternative statutory remedy available to him in accordance with law.

6. If such an application is preferred within a period of 30 days from today, the competent authority shall decide the same within a period of 30 days from the date of filing of the application.

7. Needless to say that the competent authority shall be guided by the rules and the judicial pronouncements on the subject.

8. This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) (Kumar Manish, J) Amitkumar/ Sanjeev U