Patna High Court
Mithilesh Kumar @ Mithlesh Kumar vs The State Of Bihar on 11 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11623 of 2025
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Mithilesh Kumar @ Mithlesh Kumar Son of Shamkar Ray Resident of
Village-Naya Gaon Goraha, P.S.-Shyampur Bhathaha, District-Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate Cum-Collector, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The S.H.O. Gopalpur Police Station, District-Gopalganj.
5. The Investigating Officer of Gopalpur P.S. Case No.303 of 2024,Gopalpur
Police Station, Distirct-Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Respondent/s : Mr.Government Pleader (05)
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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 : 11-08-2025
In the instant petition, the petitioner has prayed for the
following relief(s):-
"(i) A writ in the nature of
mandamus or any other appropriate writ
order/orders, direction/directions to
commanding the respondent to release,
Mahindra Bolero Pik-up Vehicle bearing
Registration No. BR06GG1687, Chassis
No. MA1ZN2TTKR1B28849, Engine No.
TTR1B21855 in favour of the petitioner
which has been seized earlier in connection
with Gopalpur P.S Case No. 303 of 2024
Patna High Court CWJC No.11623 of 2025 dt.11-08-2025
registered for the offence under section
30(a) Bihar Prohibition and Excise
(Amendment) Act 2018 dated 15.12.2024
forth with:-
(ii) To any other relief/reliefs for
with petitioner is found in titled to."
2. In support of aforementioned relief there is no
demand before the competent authority in particularly under
Rule 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 present Writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the present Writ
petition stands disposed of as pre-mature.
4. Disposal of the present 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,
the competent authority shall pass speaking order within a
period of two weeks from the date of receipt of such application.
Patna High Court CWJC No.11623 of 2025 dt.11-08-2025
5. If the confiscation of the vehicle has attained
finality, in that event, petitioner is at liberty to prefer an appeal
before the appropriate authority.
6. With the above observation, the present petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Ankit Kumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2025
Transmission Date NA
