Amrita Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.488 of 2026 ====================================================== Amrita Tiwari Wife of Pappu Tiwari, Resident of Village-Khajuriya, P.S.- Bhore, District-Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Bhore Police Station, District-Gopalganj. 5.

The Investigating Officer Bhore P.S. Case No. 256 of 2025, Bhore Police Station, District-Gopalganj.

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy-1 SC13 Ms. Usha Kumari Singh, AC to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 19-01-2026 The present petition has been filed for directing the respondents to release black colour TVS Radeon motorcycle bearing Registration No. BR28AG2805, Chassis No. MD625BK23R3N07368, Engine No. BK2NR3007285 in favour of the petitioner which has been seized in connection with Bhore P.S. Case No. 256 of 2025 dated 10.06.2025, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 against the husband of the petitioner namely, Pappu Tiwari and one Jagdish Tiwari on

Patna High Court CWJC No.488 of 2026(2) dt.19-01-2026 2/2 account of recovery of 67.20 liters of illicit country-made liquor from the said motorcycle.

2. The learned counsel for the petitioner has, at the outset, sought liberty on behalf of the petitioner to file appropriate petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules 2023 (hereinafter referred to as the 'Rules, 2023') for release of the motorcycle in question upon payment of penalty. Liberty so sought is granted.

3. It is needles to say that in case a petition is filed by the petitioner under Section 12A of the Rules, 2023 within a period of four weeks from today, the competent authority shall consider the same in accordance with law and pass a speaking and a reasoned order within a period of four weeks, thereafter.

4. Accordingly, the present petition stands disposed off on the aforesaid terms.

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