Mohit Kumar vs The State Of Bihar
2025 Latest Caselaw 1479 Patna

Patna High Court

Mohit Kumar vs The State Of Bihar on 7 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10559 of 2025
     ======================================================
     Mohit Kumar S/O Samay Singh R/o House no 361-D, Devli Goan, P.S-
     Nepsarai, District-South Delhi, Delhi

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Secretary Excise and Prohibition Department
     Gov. of Bihar, Patna.


2.   The Excise Commissioner, Bihar, Patna.


3.   The District Magistrate, Saran


4.   The Superintendent of Police, Saran


5.   The SHO Maker, District Saran

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :         Mr.Binay Kumar Singh, Advocate
     For the Respondent/s    :         Mr.Addl. Advocate General (07)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-08-2025

In the instant writ petition, the petitioner has prayed for

the following relief(s):

"1. For issuance of a writ of Mandamus or any other appropriate order/orders, direction/directions directing the respondents to release the vehicle of the petitioner which is TATA NEXON Car having Registration no HR26EX3492, Engine no. 1.5CRO5HXXW19161, Chassis no. MAT627241NLH84582, which has been seized by Patna High Court CWJC No.10559 of 2025 dt.07-08-2025

the Police under the Maker P.S case no. 40/ 2025 U/S 30A of the Bihar Prohibition and Excise at 2016 of the Bihar.

ii. For the direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No. 7920/2023).

And/or iii. For any other order/orders relief/reliefs for which the petitioner may be entitled in the eyes of law."

2. In support of the aforementioned relief, there is no

demand before the competent authority in particularly under

Rule of 12A of the Bihar Prohibition and Excise Rules, 2021

read with amended sub Rule 2 of Rule 12A in the year 2022 and

2023.

3. In the absence of demand before the competent

authority, the instant writ petition for writ of mandamus is not

maintainable or it is pre-mature. Accordingly, the instant writ

petition stands disposed of as pre-mature.

4. Disposal of the instant writ petition would not be a

hurdle for the petitioner to invoke remedy under Rule 12A of

Bihar Prohibition and Excise Rules, 2021 including amended

provisions in the year 2022 and 2023. If such application is

submitted in the prescribed form before the competent authority, Patna High Court CWJC No.10559 of 2025 dt.07-08-2025

the competent authority shall pass speaking order within a

period of two weeks from the date of receipt of such application.

5. With the above observation, the instant writ petition

stands disposed of.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2025
Transmission Date       NA