Jagpal @ Jagpal Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20802 of 2025 ====================================================== Jagpal @ Jagpal Malik Son of Hosiyar @ Hoshiyara, Resident of villageSadaktal @ Saragthal, P.S.- Gohana, Distt.- Sonipat, State - Haryana. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Excise, Prohibition and Registration Department, Government of Bihar, Patna. 2.

The Deputy Secretary Excise, Prohibition and Registration Department, Government of Bihar, Patna.

3.

The Collector Gopalganj, District- Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Sub Inspector Kuchaikot P.S., District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Raj, Advocate For the Respondent/s :

Mr. Additional Advocate General (13), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 12-01-2026 The present petition has been filed for directing the respondent to release the vehicle of the petitioner bearing Registration No.

HR46F0534, Chassis No.

MAT828024N2D09472 and Engine No.

B67B6A300D02122D64211168, which has been seized on account of recovery of 140.250 litres of illicit liquor leading to registration of Gopalganj (Kuchaikot) P.S. Case No. 5139008250536 of 2025 dated 04.12.2025 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.20802 of 2025(2) dt.12-01-2026 2/3

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate application, under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023'), before the learned Collector, Gopalganj.

3. Learned counsel for the respondent-State submits that though he has got no objection to the aforesaid submissions made by the learned counsel for the petitioner, however, in case appropriate petition is filed by the petitioner under Rule 12A of the Rule, 2023, the same would definitely be considered in accordance with law and disposed off within a stipulated time frame as is fixed by this Court in case the confiscation proceedings have not been concluded.

4. Having regard to the facts and circumstances of the case, we deem it fit and proper to grant liberty to the petitioner to file appropriate petition under Rule 12A of the Rules, 2023, and in case such a petition is filed within a period of two weeks from today, the learned Collector, Gopalganj, shall pass a reasoned and speaking order in accordance with law within a period of four weeks thereafter.

5. Accordingly, the present petition stands disposed

Patna High Court CWJC No.20802 of 2025(2) dt.12-01-2026 3/3 off on the aforesaid terms.

(Mohit Kumar Shah, J) ( Praveen Kumar, J) shivam/- U T