Prem Prakash Purusharthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18252 of 2025 ====================================================== Prem Prakash Purusharthi, Son of Suresh Prakash Singh @ Suresh Prasad Singh, Resident of Village- Cheran, Police Station- Harnaut, DistrictNalanda. ... ... Petitioner

Versus

1.

The State of Bihar through the District Magistrate, Buxar. 2.

The District Magistrate, Buxar.

3.

The District Transport Officer, Buxar.

4.

The S.H.O., Ramdas Rai Dera Police Station- Buxar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Ms. Somya Janki, Advocate For the State :

Mr. Ravi Kumar, AC to GP-13 Mr. Akshay Lal Prasad, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 10-12-2025 Heard learned counsel for the petitioner and learned AC to GP-13 for the State of Bihar.

2. This writ application has been filed to issue direction to the Respondents to release the vehicle (Safari Car) having Registration No. BR01FF 2828, Engine No.- 463438854106500, and Chassis No. MAT631547MPD64064 which was seized in connection with Ramdas Rai Ke Dera P.S. Case No. 18 of 2024 registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It appears on perusal of the writ application that the vehicle in question has been seized after recovery of 133.2 liters

Patna High Court CWJC No.18252 of 2025(2) dt.10-12-2025 2/2 of liquor.

4. In the writ application, there is no averment that the petitioner has approached the Competent Authority in terms of the Rule 12A of the Bihar Prohibition and Excise Rules, 2021 which was inserted vide Amendment Rules, 2022 (hereinafter referred to as the 'Rules of 2021') for release of the vehicle in question.

5. We grant liberty to the petitioner to file an appropriate application in the prescribed form under Rule 12A of the Rules of 2021 within a period of 30 days from today. If such an application is filed, the Competent Authority shall pass an appropriate order thereon within one month from the date of filing of the application.

6. This writ application stands disposed of.

(Rajeev Ranjan Prasad, J) ( Sourendra Pandey, J) SUSHMA2/- U