Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18253 of 2025 ====================================================== Nitesh Kumar, Son of Ramdas Singh, Resident of Village- Makundpur, Garahi Tola, Hadhudp, P.S.- Jandaha, District- Vaishali, Bihar- 844504. ... ... Petitioner

Versus

1.

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

2.

The Additional Chief Secretary-cum-Special Superintendent Prohibition, Bihar, Patna.

3.

The Excise Commissioner, Bihar, Patna.

4.

The District Magistrate, Vaishali.

5.

The Superintendent of Police, Vaishali.

6.

The Station House Officer, Desri Police Station, District- Vaishali. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ghanshyam, Advocate For the State :

Ms. Vagisha Pragya Vacaknavi, AC to SC-9 ====================================================== 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 SC-9 for the State of Bihar.

2. This writ application has been filed seeking a writ in the nature of Mandamus directing the respondents to release the vehicle (TVS Scooty) bearing Registration No. BR-31BD7448 in favour of the petitioner which was seized in connection with Desri P.S. Case No. 309 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Patna High Court CWJC No.18253 of 2025(2) dt.10-12-2025 2/2

3. It appears on perusal of the writ application that the vehicle in question has been seized after recovery of 6.375 liters of foreign 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