Patna High Court
Amit Kumar @ Santosh Kumar vs The State Of Bihar on 8 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10789 of 2025
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Amit Kumar @ Santosh Kumar S/o Ashok Kumar Yadav R/o Road no.-10,
Muhamudichak, Opposite Do Minar Apartment, P.S.- Kadamkuan, District-
Patna, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Patna, Bihar.
4. The Superintendent of Police, Patna, Bihar.
5. The Sub-Divisional Officer, Patna, Bihar.
6. The Superintendent of Excise, Patna, Bihar.
7. The SHO, Kadamkuan Police Station, Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amar Alam
For the Respondent/s : Mr.Standing Counsel (4)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 08-08-2025
In the instant petition, petitioner has prayed for
the following relief(s):-
"(i) For issuance of a writ in the any
other appropriate order/orders, direction/
directions directing the respondents to release
the vehicle of the petitioner which is a
Patna High Court CWJC No.10789 of 2025 dt.08-08-2025
Mahindra Scorpio van bearing registration
по. BR 01 PM 0492, chassis
no.MAITA2XM2M2C30429, engine no.
XMM4C12636 which has been seized by the
SHO Kamdakuan under the FIR bearing
Kadamkuan P.S. Case P.S. Case No. 348/2025
registered u/s 30(a)/37 (for short the FIR) of
the Bihar Prohibition and Excise 21/05/2025
Amendment Act, 2018 dated 21.05.2025;
And/or
ii. For any other order/orders,
relief/reliefs for which the petitioner may be
entitled in the eyes of law.
2. Briefly stated the facts of the case is that there
is alleged recovery of 180 ml of illicit liquor from the
vehicle of the petitioner and he was arrested in drunken
condition. On the basis of aforesaid fact, Kadamkuan P.S.
Case No. 348 of 2025 dated 21.05.2025 was registered
under Sections 30(a), 37 of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Learned counsel for the petitioner submitted
that petitioner is the owner of the seized vehicle and he has
falsely been implicated in this case. The seizure list has
Patna High Court CWJC No.10789 of 2025 dt.08-08-2025
been made without following the rule of search. The
recovery of illicit liquor is only 180 ml which is a meager
quantity. It is further submitted that till date, petitioner has
not received any notice in the confiscation proceeding.
4. Considering the small quantity of liquor, the
concerned authority is hereby directed to collect fine of Rs.
10,000/-(Ten Thousands) and release the vehicle of the
petitioner within a period of one week from the date of
receipt of this order, for which petitioner has no objection.
5. We are conscious of the fact that alleged
recovery is meager quantity and the aforesaid order has
been passed while invoking extra ordinary jurisdiction
under Article 226 of the Constitution of India for the
reasons that unnecessarily petitioner shall not be subjected
to various proceedings like 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, Sections 58,
92 and 93 of the Bihar Prohibition and Excise Act, 2016, for
an issue of 180 ml of illicit liquor and such order is required
to prevent the multiplicity of proceeding in the interest of
justice.
Patna High Court CWJC No.10789 of 2025 dt.08-08-2025
6. Accordingly, the writ petition stands disposed
of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE 31/07/2025
Uploading Date 08/08/2025
Transmission Date N/A
