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Patna High CourtCWJC/17082/2025disposed

Virchand Ray @ Veerchand Rai, v. The State Of Bihar

2025-12-03Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Sourendra Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17082 of 2025 ====================================================== Virchand Ray @ Veerchand Rai, S/o- Rambilash Ray, R/o- Vill- Chaknur, Rahmatpur, P.S.- Mufassil, District- Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Excise and Prohibition Department, Govt. 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, Gopalganj Police Station, Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 03-12-2025 No one appears on behalf of the petitioner.

2. Learned AC to SC-4 for the State is present.

3. We have perused the writ application.

4. It appears that the petitioner has moved to this Court for a direction to the respondent authorities to release the vehicle in question bearing registration No. BR01HG1771, Chassis No.MAT631046PWE18570 and Engine No. 46354451-4254665.

5. It appears that the vehicle in question has been seized in connection with Gopalganj Excise P.S. Case No. 174 of 2025

Patna High Court CWJC No.17082 of 2025(2) dt.03-12-2025 2/2 dated 18.03.2025 registered under Sections 30(a)/32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

6. It is stated that altogether 310.5 liters of foreign liquor have been recovered.

7. It appears from the writ application that the petitioner has yet not approached the competent authority under the Bihar Prohibition and Excise Rules, 2021 (as amended up to date) for release of the vehicle in question.

8. In the circumstances, we are disposing of the writ application with liberty to file an appropriate application before the competent authority under Bihar Prohibition and Excise Rules, 2021 (as amended up to date) within a period of thirty days from today. If such an application is filed, the same will be considered by the competent authority, keeping in view the several judicial pronouncements on the subject and an appropriate order shall be passed within a reasonable period.

9. The writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) (Sourendra Pandey, J) manoj/- U