Kanhaiya Kumar Yadav @ Kanhaiya Kumar vs The State Of Bihar
2025 Latest Caselaw 970 Patna

Patna High Court

Kanhaiya Kumar Yadav @ Kanhaiya Kumar vs The State Of Bihar on 1 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9617 of 2025
     ======================================================
     Kanhaiya Kumar Yadav @ Kanhaiya Kumar Son of Vishwanath Yadav,
     Resident of Village and P.O. Ratanpura, P.S. Gopalpur, District- Gopalganj.


                                                                  ... ... Petitioner/s
                                       Versus


1.   The State of Bihar through The Principal Secretary, Department of
     Prohibition and Excise, Govt. of Bihar, New Secretariate, Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The Officer-in-Charge, Gopalpur Police Station, Distt.- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :

     For the Petitioner/s   :      Mr. Dhramveer

     For the Respondent/s   :      Government Pleader 10
                                   Mr. Anwar Karim, AC to GP 10

     ======================================================
         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 : 01-08-2025

Heard learned counsels for the parties.

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

the following relief :-

"That this instant writ application is being filed on behalf of the petitioner for direction/directions upon the Respondents to release the seized Hero Patna High Court CWJC No.9617 of 2025 dt.01-08-2025

Splendor+ motorcycle of the petitioner bearing Reg. No. BR28AA-5327, CHESIS NO. MBLHAW127NHE 74249, ENGINE NO. HA11EYNHE 68553, which is seized in connection with Gopalpur P.S. Case No. 18/25, dt. 20.1.2025, U/S 30 (a) of Bihar Prohibition & Excise Amendment Act, 2018."

3. 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.

4. 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

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.9617 of 2025 dt.01-08-2025

5. 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)

(S. B. Pd. Singh, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date                06.08.2025
Transmission Date