Patna High Court
Rinku Kumari 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.11506 of 2025
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Rinku Kumari D/o Krishna Prasad, R/o Mohalla - Near Masjid Baraka
Rohara, P.S.- Siwan, Dist.- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Gopalganj, Bihar.
4. The Superintendent of Police, Gopalganj, Bihar.
5. The Superintendent of Excise, Gopalganj, Bihar.
6. The SHO, Excise Gopalganj, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sudhanshu Prakash, Advocate
For the Respondent/s : Mrs. Archana Meenakshee, GP-6
Mr. Rana Veer Prawar, AC to GP-6
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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 a writ of
Mandamus or any other appropriate
order/orders, direction/directions directing
the respondents to release the vehicle of the
petitioner which is TVS JUPITER 125
having Registration No. BR-29-BF-2812,
Engine No.- BK4AS3308652 and Chassis
No.- MD626AK40S3A36779 which has
been seized by the State officials under the
Patna High Court CWJC No.11506 of 2025 dt.11-08-2025
Excise P.S. Case No. 322/ 2025 u/s 30(a) &
32 of the Bihar Prohibition and Excise
(amendment) Act, 2018;
ii. For direction may be given
for disposal of present case in light of the
Hon'ble Patna High Court's decision in
Sunaina Vs State of Bihar (CWJC
No.7920/2023). And/or
iii. For any other order/orders,
relief/reliefs for which the petitioner may be
entitled in the eyes of law."
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,
Patna High Court CWJC No.11506 of 2025 dt.11-08-2025
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.
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
