Santraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7227 of 2026 ====================================================== Santraj Son of Dayanand, Resident of Mann Pana, Mehmudpur, P.S.- Gohana, Distt- Sonipat, State-Haryana. At present- 376 E Block, Bharat Vihar Near Sani Dev Mandir, P.S.- Kakrola, Distt- South West, State- New Delhi. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise, Prohibition and Registration Department, Government of Bihar, Patna. 2.
The Deputy Secretary, Excise, Prohibition and Registration Department, Government of Bihar, Patna.
3.
The Collector, Gopalganj, District- Gopalganj. 4.
The Superintendent of Police, Gopalganj.
5.
The Sub Inspector, Gopalganj Town PS, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandeep Kr. Mandal, Advocate Ms. Priya Raj, Advocate For the Respondent/s :
Mr. Standing Counsel (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 20-07-2026 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, Gopalganj, to release the Hyundai I20 Car bearing Registration No. DL3CCE0682, Chassis No. MALBM51BLEM048921M and Engine No. G4LAEM507080, which was seized in connection with Gopalganj Town P.S. Case No. 91 of 2026, dated 30.01.2026,
Patna High Court CWJC No.7227 of 2026(2) dt.20-07-2026 2/3 registered for the offences under Section 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022, in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further prays for release of the seized vehicle in accordance with Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
4. Learned counsel for the State submits that the vehicle in question belonging to the petitioner was allegedly used for transportation of illicit liquor and, as such, the First Information Report has been registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 and the vehicle in question was seized. He further submits that there is a provision under Rule 12A of the 2021 Rules for filing an application in Form IV for release of the vehicle.
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 of 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
Patna High Court CWJC No.7227 of 2026(2) dt.20-07-2026 3/3 from today.
6. It is made clear that, if such an application is filed by the petitioner in Form IV within the aforesaid period, the Confiscating Authority/District Supply Officer, Gopalganj, shall dispose of the same in accordance with law by passing a speaking order at the earliest, preferably within a period of two weeks from the date of filing of the application if consfiscation proceeding/appeal/revision and auction has not yet concluded. (Anil Kumar Sinha, J) ( Vikash Kumar, J) Siwani/- U