Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11623 of 2025 ====================================================== Mithilesh Kumar @ Mithlesh Kumar Son of Shamkar Ray Resident of Village-Naya Gaon Goraha, P.S.-Shyampur Bhathaha, District-Sheohar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum-Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Gopalpur Police Station, District-Gopalganj. 5.

The Investigating Officer of Gopalpur P.S. Case No.303 of 2024,Gopalpur Police Station, Distirct-Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Respondent/s :

Mr.Government Pleader (05) ====================================================== 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 : 11-08-2025 In the instant petition, the petitioner has prayed for the following relief(s):- "(i) A writ in the nature of mandamus or any other appropriate writ order/orders, direction/directions to commanding the respondent to release, Mahindra Bolero Pik-up Vehicle bearing Registration No. BR06GG1687, Chassis No. MA1ZN2TTKR1B28849, Engine No.

TTR1B21855 in favour of the petitioner which has been seized earlier in connection with Gopalpur P.S Case No. 303 of 2024

Patna High Court CWJC No.11623 of 2025 dt.11-08-2025 2/3 registered for the offence under section 30(a) Bihar Prohibition and Excise (Amendment) Act 2018 dated 15.12.2024 forth with:- (ii) To any other relief/reliefs for with petitioner is found in titled to."

2. In support of aforementioned relief there is no demand before the competent authority in particularly 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.

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

4. Disposal of the present 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 period of two weeks from the date of receipt of such application.

Patna High Court CWJC No.11623 of 2025 dt.11-08-2025 3/3

5. If the confiscation of the vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

6. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Ankit Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.08.2025 Transmission Date NA