Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13124 of 2025 ====================================================== Sushant Kumar, Son of Dilip Kumar Chaudhary, Resident of village- Ward No. 12, Basant, Hanuman Nagar, P.S. Moro, District- Darbhanga. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Darbhanga.

3.

The Additional District Magistrate, Darbhanga. 4.

The Superintendent of Police, Darbhanga.

5.

The Officer-in-charge of Moro Police Station, Darbhanga. 6.

The Excise Commissioner, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar Jha, Advocate Mr. Saurav Anand, Advocate For the Respondent/s :

Mr. Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-08-2025 In the instant Writ petition, petitioner has prayed for the following reliefs:- "(i) For issuance of appropriate writ, order or direction in the nature of mandamus thereby directing the respondents to release the vehicle in question i.e. JCB,3DX PLUS-2WD, bearing Registration No. BR07GC 3732, Engine No. H00422741, Chassis No. HAR3DXS4J03387586,

Patna High Court CWJC No.13124 of 2025 dt.22-08-2025 2/3 Machine No. 3387586, which is seized in connection with Moro P.S. Case No. 15 of 2025 instituted Under Section 30(a) of Bihar Prohibition & Excise Act, 2022 and Section 61(2), 3(5) of the Bhartiya Nyay Sanhita.

(ii) For grant of such other order or direction/directions for which the petitioner is found entitled in the facts and circumstances of the case."

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

Patna High Court CWJC No.13124 of 2025 dt.22-08-2025 3/3 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.

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 Writ petition stands disposed of.

(P. B. Bajanthri, J) ( Shailendra Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.08.2025 Transmission Date NA