Ram Prakash Chaudhary vs The State Of Bihar
2025 Latest Caselaw 973 Patna

Patna High Court

Ram Prakash Chaudhary 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.10622 of 2025
     ======================================================
     Ram Prakash Chaudhary, Aged about 32 Yrs, Male, Son of Shiv Chaudhary,
     Resident of Village- Bairiya, P.S. Muffasil, District-E. Champaran.

                                                                ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through The Principal Secretary, Department of
     prohibition and Excise, Govt. of Bihar, Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Excise, Gopalganj.
4.   The Officer-in-Charge, Sidhwaliya Police Station, Dist. Gopalganj.

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

     For the Petitioner/s   :     Mr. Shanti Bhushan Singh
     For the Respondent/s   :     Mr. Biru Prasad, GP 13
                                  Mrs. Shweta Anand, AC to GP 13

     ======================================================
         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 Civil Writ is being
                                  filed on behalf of the petitioner for
                                  direction upon the Respondents to
                                  release the truck of the petitioner i.e. 14
                                  (Fourteen) Wheeler Truck of Tata
                                  Company        bearing,      Reg.        No.
 Patna High Court CWJC No.10622 of 2025 dt.01-08-2025
                                           2/3




                                        BR06GD3725,          Chesis       No.
                                        MAT541109J1N33     779   Engine   No.
                                        ISB59B4S180T181L63743719 which is
                                        seized in connection with Sindhwaliya
                                        P.S. Case No. 343 of 2024, dt.
                                        7.12.2024

, U/S 318(4)/336(2)/336(3) of B.N.S. & Section 30 (a)/41(i) of Bihar Prohibition & Excise Amendment Act, 2022."

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.10622 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