Patna High Court
Baijnath Sahni 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.10191 of 2025
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Baijnath Sahni S/o Mohan Sahni, R/o- village - Basadhiya, P.O. Basadhiya,
P.S. Dalsinghsarai, District- Samastipur, State Bihar, 848114.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Patna, Bihar.
2. The Excise Commissioner, Bihar Prohibition and Excise Act 2018, Patna,
Bihar.
3. The District Magistrate-cum-Collector, Samastipur, District- Samastipur.
4. The Superintendent of Police, District- Samastipur, Bihar.
5. The Land Reforms Deputy Collector, Samastipur, District- Samastipur.
6. The Excise Superintendent, Samastipur, District- Samastipur.
7. The Station House Officer, Excise Police Station Patori, District-
Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar
For the Respondent/s : Mr.Standing Counsel (05)
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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):-
"(a) For the issuance of appropriate writ
or order/ orders, direction/ directions,
Commanding the respondents for release of
motor cycle of the petitioner bearing Reg.
No. BR33AW1465 Engine No.
Patna High Court CWJC No.10191 of 2025 dt.08-08-2025
2/4
JA06EWNHF00725, Chasis No.
MBLJAW144NHF00485 in connection with
Excise Police Station Patori of District
Samastipur Case No. 79 of 2024 dated
28.06.2024
lodged under Section 30(a) of
the Bihar Prohibition & Excise (Amend) Act,
2018.
(b) For issuance of appropriate writ
quashing order dated 09.10.2024 passed in
Excise Police Station Patori of District
Samastipur Case No. 79 of 2024 by the
learned Land Reforms Deputy Collector,
Samastipur.
(c) For issuance of any other writ/writs,
command/commands, order/orders direction
as this Hon'ble Court deem fit and proper in
the facts and circumstances of the case."
2. Briefly stated the facts of the case is that there
is alleged recovery of 4.5 litres of illicit liquor from the
motorcycle of the petitioner and he has been apprehended.
On the basis of aforesaid fact, Patori P.S. Case No. 79 of
2024 dated 28.06.2024 was registered under Sections 30(a)
of the Bihar Prohibition and Excise (Amendment) Act,
2018.
Patna High Court CWJC No.10191 of 2025 dt.08-08-2025
3. Learned counsel for the petitioner submitted
that petitioner is the owner of the seized motorcycle and he
has falsely been implicated in this case. It is further
submitted that vide order dated 09.10.2024 passed in Excise
P.S. Case No. 79 of 2024 by the learned Land Reforms-
cum-Deputy Collector, Samastipur, a direction was issued
for initiating the process of the auction of the petitioner's
motorcycle. The seizure list has been made without
following the rule of search. The recovery of illicit liquor is
only 4.5 litres 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) from the petitioner and release the
motorcycle in his favour 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
Patna High Court CWJC No.10191 of 2025 dt.08-08-2025
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 4.5 litres of illicit liquor and such order is
required to prevent the multiplicity of proceeding in the
interest of justice.
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
