Rana Kumar Tiwari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12847 of 2025 ====================================================== Rana Kumar Tiwari, S/o Kanhaiya Tiwari, R/o Village - Amarpura, P.S.- Amarpura, District - Gopalganj.

... ... Petitioner

Versus

1.

The State of Bihar through Secretary Excise and Prohibition Department Government of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Gopalganj, Bihar 4.

The Superintendent of Police, Gopalganj, Bihar 5.

The Superintendent of Excise, Gopalganj, Bihar 6.

The SHO, Sidhwaliya Police Station, Gopalganj, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashwat Srivastava, Advocate For the Respondent/s :

Mr.Government Pleader (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 14-08-2025 In the instant Writ petition, petitioner has prayed for the following reliefs:- "A. For issuance of an appropriate writ/writs, order/orders, or direction/directions in the nature of Mandamus, directing the respondents to release the vehicle of the Petitioner, SP 125 Drum Motorcycle (Bike) bearing Registration No. BR28AG2346, Engine No. JC94ED2105829, and

Patna High Court CWJC No.12847 of 2025 dt.14-08-2025 2/3 Chassis No. ME4JC941LRD101379 which has been seized by the State officials in connection with Sidhwaliya P.S. Case No. 80/2025, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, dated 23.04.2025. B. Pass such other Order/Orders as your Lordships may deem fit and proper."

2. In support of 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 present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present 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

Patna High Court CWJC No.12847 of 2025 dt.14-08-2025 3/3 period of two weeks from the date of receipt of such application.

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) ( G. Anupama Chakravarthy, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.2025 Transmission Date NA