Kanhaiya Kumar Yadav @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9617 of 2025 ====================================================== Kanhaiya Kumar Yadav @ Kanhaiya Kumar Son of Vishwanath Yadav, Resident of Village and P.O. Ratanpura, P.S. Gopalpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Prohibition and Excise, Govt. of Bihar, New Secretariate, Patna. 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer-in-Charge, Gopalpur Police Station, Distt.- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer For the Respondent/s :

Government Pleader 10 Mr. Anwar Karim, AC to GP 10 ====================================================== 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 : 01-08-2025 Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has prayed for the following relief :- "That this instant writ application is being filed on behalf of the petitioner for direction/directions upon the Respondents to release the seized Hero

Patna High Court CWJC No.9617 of 2025 dt.01-08-2025 2/3 Splendor+ motorcycle of the petitioner bearing Reg. No. BR28AA-5327, CHESIS NO. MBLHAW127NHE 74249, ENGINE NO. HA11EYNHE 68553, which is seized in connection with Gopalpur P.S. Case No.

18/25, dt. 20.1.2025, U/S 30 (a) of Bihar Prohibition & Excise Amendment Act, 2018."

3. In support of the aforementioned relief, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub-Rule 2 of Rule 12 A in the year 2022 and 2023. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

4. Disposal of the present writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12 A 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 period of two weeks from the date of receipt of such application.

Patna High Court CWJC No.9617 of 2025 dt.01-08-2025 3/3

5. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority. (P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 06.08.2025 Transmission Date