Neeraj Singh @ Neeraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8945 of 2025 ====================================================== Neeraj Singh @ Neeraj, S/o Pancham Singh, Resident of Village-Vijwasan, Barthal Road, House No. 150, KH No. 479 South-West, Delhi-110077. ... ... Petitioner.

Versus

1.

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

2.

The Additional Chief Secretary, Department of Excise, Government of Bihar, Patna.

3.

The Excise Commissioner, Government of Bihar, Patna. 4.

The District Magistrate, Gopalganj.

5.

The Superintendent of Police, Gopalganj.

6.

The S.H.O. Mahammadpur, Gopalganj.

... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Pramod Mishra, Advocate.

For the State :

Mr. Uday Shankar Sharan Singh, GP-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 10-07-2025 In the instant writ petition, the petitioner has prayed for the following relief(s):

"For commanding and directing the Respondents concerned to release white colour swift desire Car bearing RegistrationNo.UP16ET5191, Chassis No.MA3EJKD1S00B13039, Engine No.K12MN2016742 registered in the name of present petitioner which has

Patna High Court CWJC No.8945 of 2025 dt.10-07-2025 2/3 been illegally seized by the police team in connection with Mahammadpur P.S. Case No.208/2024 registered for the offence under section 30(a) Bihar Prohibition and Excise Act. And/or any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case."

2. In support of the aforementioned relief, there is no demand before the competent authority in particularly under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

3. In the absence of demand before the competent authority, the instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.

4. Disposal of the instant writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a

Patna High Court CWJC No.8945 of 2025 dt.10-07-2025 3/3 period of two weeks from the date of receipt of such application.

5. With the above observation, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.2025 Transmission Date NA