Patna High Court
Indrajeet Shah 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.10739 of 2025
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Indrajeet Shah Son of Megha Shah Resident of Village-Amtha Bhuwan,
Police Station Uchkagaon District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, Patna
(Bihar).
2. The Commissioner Saran Division, Gopalganj, (Bihar).
3. The Collector Cum District Magistrate, Gopalganj.(Bihar)
4. The Officer in Charge, Excise Police Station, Gopalganj. (Bihar).
5. District Transport Officer, Excise Department, Gopalganj. (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Baijnath Sah
For the Respondent/s : Mr.Government Pleader (7)
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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) Whether the act of respondent
officer in-charge of Phulwariya Police station
is whimsical, arbitrary and mala-fide ?
(ii) Whether the act of respondent
officer in-charge of Excise police station is
not against the article 14 and 19 of the
constitution of India?
Patna High Court CWJC No.10739 of 2025 dt.08-08-2025
iii. Whether the act of respondents is not
against the natural justice?
iv. Whether the petitioner is not the
owner of seized Vehicle?
v. Whether the petitioner is entitled to
get possession of seized vehicle in connection
with Phulwariya P.S. case No.
5139025250062 (62) of 2025 dated 19-04-
2025 U/S 30(a) of Bihar prohibition and
excise amendment Act 2022?
vi. whether the seized vehicle bearing
Reg. No. BR29AR7031 Engine No.
HA11EXM9H00431 Chassis No.
MBLHAW102M9H00687, is subject to be
confiscation U/S 30(a) of Bihar prohibition
and excise amendment Act 2022?
vii. whether the petitioner is entitled to
get any other relief relives from this Hon'ble
court?
2. Briefly stated the facts of the case is that there
is alleged recovery of 7.6 litres of illicit liquor from the
motorcycle of the petitioner. On the basis of aforesaid fact,
Phulwariya P.S. Case No. 5139025250062(62) of 2025
dated 19.04.2025 was registered under Sections 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
Patna High Court CWJC No.10739 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. The petitioner was
not apprehended from the spot nor he has any concern with
the seized illicit liquor. The seizure list has been made
without following the rule of search. The recovery of illicit
liquor is only 7.6 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) 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
Patna High Court CWJC No.10739 of 2025 dt.08-08-2025
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 7.6 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
