Patna High Court
Sanjeet Kumar Thakur @ Ranjit Thakur @ ... 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.12018 of 2025
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Sanjeet Kumar Thakur @ Ranjit Thakur @ Ranjit Kumar Thakur Son of Late
Surya Narayan Thakur, R/o- Village- Ward No. 15, Banswara, P.S.- Moro,
District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate, District- Madhubani.
3. The Additional District Magistrate, Madhubani.
4. The Superintendent of Police, District- Madhubani.
5. The Officer-In-Charge of Aunsi Police Station, Madhubani.
6. The Excise Commissioner, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Respondent/s : Mr.Government Pleader (26)
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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. For issuance of appropriate
writ, order or direction in the nature of
Mandamus thereby directing the
respondents to release the Vehicle in
question i.e. Tata LPO 1618FE BS-IV Bus
bearing Registration No. BR06PG-1157,
Chassis No. MAT449305H0K10470,
Engine No. 71J84415465 which is seized in
connection with Aunsi P.S. Case No. 20 of
Patna High Court CWJC No.12018 of 2025 dt.11-08-2025
2025 instituted under Section 30 a of Bihar
Prohibition and Excise Act, 2016.
ii. For grant of such other order
order or direction/directions for which the
petitioner is found entitled in the facts and
circumstances of the case."
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.
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.
Patna High Court CWJC No.12018 of 2025 dt.11-08-2025
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
