Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1124 of 2025 ====================================================== Gunjan Kumar son of Arvind Mahto, a resident of Village-Kanhauli, P.S.- Karai Parsurai, District-Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate/Collector, Patna.

3.

The Deputy Collector, Land Reforms, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Excise Superintendent, Patna.

6.

The Sub-Divisional Police Officer, Patna City. 7.

The Station House Officer, Gaurichak, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Respondent/s :

Mr.Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 16-05-2025 In the instant petition, petitioner has prayed for following relief:- "For issuance of a writ(s), order(s), direction(s) of appropriate nature directing the concerned respondent to release the petitioner's white coloured Mahindra Bolero Pickup Vehicle bearing its registration No. BR01GN-6895, Chassis No. MAIRA2TTKRID39076, Engine No.

TTRID31106 seized in connection with Gaurichak P.S. Case No.421/2024 registered for offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CWJC No.1124 of 2025(3) dt.16-05-2025 2/2 (ii) For any other relief(s) which the petitioner may be found entitled to in the facts and circumstances of this case."

2. Petitioner has rushed to this Court without exhausting the remedy under Rule 12A of Bihar Prohibition & Excise (Amendment) Rules, 2022. He is permitted to invoke remedy under Rule 12A of Bihar Prohibition & Excise (Amendment) Rules, 2022 before the concerned authorities. If such application is submitted, the same shall be considered within a period of one month. In the event of confiscation order attaining finality, in that event the petitioner is at liberty to invoke remedy under Section 92 of Bihar Prohibition & Excise Act, 2016. If such appeal is filed, the Appellate Authority shall decide the appeal within a period of three months.

3. With the above observation the present CWJC No. 1124 of 2025 stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U