Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11694 of 2025 ====================================================== Sunil Kumar Son of Rajkumar Sah, Resident of Village-Basantpur, P.S.- Runnisaidpur, District-Sitamarhi.

... ... 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. Gopalganj Town Police Station, District-Gopalganj. 5.

The Investigating Officer of Gopalganj Town P.S. Case No. 928/2024, Gopalganj Town Police Station, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Advocate For the Respondent/s :

Mr.Government Pleader (4) ====================================================== 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, Hundai I-20 Car bearing Registration No.

BR06DD2728, Engine No.

G4LFNM331721, Chasis No.

MALBG512LNM181737 in favour of the petitioner which has been seized earlier in connection with Gopalganj Town P.S. Case

Patna High Court CWJC No.11694 of 2025 dt.11-08-2025 2/3 No. 928/24 registered for the offence under Section 316(2), 318(4), 338, 363(3), 340(1), 340(2), 3(5) of B.N.S. and 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) 2018, dated 21.12.2024 forth with:- (ii). To any other relief/reliefs for which petitioner is entitled 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.11694 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