Ganesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9337 of 2025 ====================================================== Ganesh Sahani Son of Surendra Sahani Resident of Village-Sonbarsa Ward No.12, Police Station Pear, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner Saran Division, Gopalganj (Bihar) 3.

The Collector Cum District Magistrate Gopalganj (Bihar). 4.

The Officer in Charge, Excise Police Station, Gopalganj, (Bihar). 5.

District Transport Officer, Excise, Gopalganj (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baijnath Sah For the Respondent/s :

Mr.Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-07-2025 In the instant petition the petitioner has prayed for the following relief(s);- "For giving direction to the respondent No. 3 (DM) collector Gopalganj to release the Auto Riksha (Tampu) Mahindra three wheeler bearing No. Chassis BR06PC7366, No.

registration MA1LE2FYSF5K95260, Engine No.

R5J2692179, which was seized by respondent No. 4 in Excise police station Gopalganj case No. 933 of 2024, alleged offence under section 30(a) and 32 of Bihar prohibition and excise Amendment Act 2018."

Patna High Court CWJC No.9337 of 2025(3) dt.25-07-2025 2/2

2. As on the date of filing of present petition, on 17.06.2025, confiscation proceedings has attained finality on 01.04.2025. Therefore, the petitioner has statutory remedy of invoking the appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.

3. Simultaneously, he is permitted to file application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended Sub-Rule 2 of Rule 12A in the year 2022 and 2023. If such appeal/application are filed before the concerned authority the concerned authority is hereby directed to decide the grievance of the petitioner within a reasonable period of two months from the date of receipt of such appeal/application.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Ankit Kumar/- U