Patna High Court
Sabir Ali 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.10276 of 2025
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Sabir Ali Son of Rosh Mohmmad, Resident of Village- Mathiya Nandlal, P.S.-
Kuchaikote, Distt.- Gopalganj, State - Bihar.
... ... 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 Kuchaikote, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Priya Raj
For the Respondent/s : Mr.Government Pleader (10)
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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 that the vehicle Splendor plus
Motorcycle bearing Registration No-
BR28AC6321, Chassis Engine No. No.-
MBLHAW226PHFA8369,
HA11E8PHF67646 is purchased and owned
Patna High Court CWJC No.10276 of 2025 dt.08-08-2025
by the Petitioner.
(ii) For that the seized motorcycle
belongs to the petitioner and the petitioner
has not arrested on the place of occurrence,
His name has been transpired only because
he is owner of the seized vehicle.
(iii) For that any further reliefs which
may grant in favour of the petitioner for
releasing the vehicle-Splendor plus
Motorcycle bearing Registration No-
BR28AC6321, Chassis No.
MBLHAW226PHFA8369, Engine No.
HA11E8PHF67646 in favour of the
petitioner.
2. Briefly stated the facts of the case is that there
is alleged recovery of 7.920 litres of illicit liquor from the
motorcycle of the petitioner. On the basis of aforesaid fact,
Kuchaikote P.S. Case No. 495 of 2023 dated 30.09.2023
was registered under Section 30(a) of the Bihar Prohibition
and Excise Act, 2018.
3. Learned counsel for the petitioner submitted
that petitioner is the owner of the seized motorcycle and he
has no concern with the seized illicit liquor. The petitioner
Patna High Court CWJC No.10276 of 2025 dt.08-08-2025
was not apprehended from the spot. The seizure list has
been made without following the rule of search. The
recovery of illicit liquor is only 7.920 litres which is a
meager quantity. It is further submitted that till date,
confiscation proceeding has not been initiated.
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 motorcycle 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 7.920 litres of illicit liquor and such
order is required to prevent the multiplicity of proceeding
Patna High Court CWJC No.10276 of 2025 dt.08-08-2025
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
