Nashim Shekh @ Nashim Khan vs The State Of Bihar
2025 Latest Caselaw 3246 Patna

Patna High Court

Nashim Shekh @ Nashim Khan vs The State Of Bihar on 27 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Shailendra Singh

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6800 of 2025
     ======================================================
     Nashim Shekh @ Nashim Khan, Aged about 55 years, S/o Lt. Siddik Sheikh,
     Residence of Village Sirisiya Bazar, PS-Kochaikote, Dist.-Gopalganj, At
     present N.H. 15, Near Masjid Marangao Borgang, Sonitpur, Borganj Assam
     784167.

                                                              ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through Principal Secretary, Excise Department,
     Government of Bihar, Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The Station House Officer, Barauli, Distt.-Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Sushil Kumar
     For the Respondent/s   :       Government Pleader (27)
     ======================================================
         CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                                   and
                 HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                         ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 27-08-2025

Heard I.A. No. 1 of 2025 filed for condonation of delay

of one day in re-filing the present writ petition.

2. For the reasons stated in the application read with the

affidavit, delay of one day in re-filing the present writ petition

stands condoned. I.A. No. 1 of 2025 is allowed.

3. Heard learned counsels for the parties. Patna High Court CWJC No.6800 of 2025 dt.27-08-2025

4. In the instant writ petition, petitioner has prayed for

the following relief :-

"That this writ petition is being filed for issuance of a direction / order or an appropriate writ for directing the respondent authorities to release of the whit colour Mahindra Boloro vide Registration no. AS327486 of petitioner which has been seized at Dewapur , Ps - Barauli , Distt. Gopalganj in Barauli PS Case no. - 244/2024 allegation under section 30 ( a) of Bihar prohibition Excise Act 2018, for recovery = Total 48 litre bonty babli country made liquor."

In support of the aforementioned relief, there is no

demand before the competent authority, in particularly, under Rule

12 A of the Bihar Prohibition and Excise Rules, 2021 read with

amended sub-Rule 2 of Rule 12 A in the year 2022 and 2023. In

the absence of demand before the competent authority, the instant

writ petition filed for direction under Article 226 for a writ of

mandamus is not maintainable or it is premature. Accordingly, the

instant writ petition stands disposed of as premature.

5. Disposal of the present writ petition would not be a

hurdle for the petitioner to invoke remedy under Rule 12 A of

Bihar Prohibition and Excise Rules, 2021 including amended

provisions in the year 2022 and 2023. If such application is Patna High Court CWJC No.6800 of 2025 dt.27-08-2025

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.

6. If the confiscation proceedings of the subject matter

of vehicle has attained finality, in that event, petitioner is at liberty

to prefer an appeal before the appropriate authority.

(P. B. Bajanthri, J)

(Shailendra Singh, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          01.09.2025
Transmission Date