[Cites 2, Cited by 0]
Patna High Court
Shivam Kumar vs The State Of Bihar on 18 December, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19962 of 2025
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Shivam Kumar, S/o Manoj Kumar Pandit, R/o Village- Kailashpuri Mohalla,
Ward No.- 2, P.S.- Tilaiya, District- Koderma (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The District Magistrate, Nawada.
3. The Superintendent of Excise, Nawada.
4. The Superintendent of Police, Nawada.
5. The Excise Inspector-cum-S.H.O., Nawada Excise P.S., Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
Mr. Bipin Kumar, Advocate
Mr. Amar Nath, Advocate
For the State : Mr. Amit Bhushan, AC to GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 18-12-2025
Heard the learned counsel for the petitioner and
learned AC to GP-17 for the State.
2. Petitioner in the present writ application is seeking
a writ in the nature of mandamus directing the respondent
authorities to release Maruti Vitara Brezza car bearing
registration No. JH02AN-4280, Chassis No.
MA3NYFB1SGJ157649 and Engine No. D13A-2916204, cash
of Rs. 67,000/- and a mobile in favour of the petitioner. In this
Patna High Court CWJC No.19962 of 2025 dt.18-12-2025
connection, learned counsel for the petitioner has placed before
this Court a copy of the seizure list (Annexure-P/1).
3. It appears that the vehicle in question has been
seized and a case bearing Excise Nawada P.S. Case No. 733 of
2025 dated 23.09.2025 has been registered under Sections 48
and 52 of the Bihar Prohibition and Excise Act, 2016 (as
amended).
4. The learned counsel for the petitioner submits that
an FIR has been registered alleging that there was secret
information that one person with a grey and salty color Brezza
car bearing registration number JH02AN-4280 is coming with
13-14 carton of liquors. In order to verify the information, the
informant stopped the vehicle and was successful in catching
the vehicle on chase. Be that as it may, during the search of the
vehicle, no liquor was found, but a diary was found wherein
some descriptions of transactions of money and liquor were
found. The informant alleged that he smelled something like
liquor in the vehicle. The learned counsel for the petitioner
submits that one thing is evident from the FIR itself that no
liquor was found in the vehicle. Therefore, the police officer of
the Excise Police Station Nawada could not have seized the
vehicle. It is his submission that the seizure is wholly illegal and
Patna High Court CWJC No.19962 of 2025 dt.18-12-2025
it is a case of excessive use of power by the assistant Sub-
Inspector of Police, Excise Police Station Nawada.
5. The learned counsel for the State does not dispute
that from the vehicle in question no liquor was recovered. It is
also informed that in this case no confiscation proceeding has
been initiated.
6. Having regard to the admitted facts of the case, we
are of the considered opinion that so far as seizure of the vehicle
in question is concerned, the same has no basis and on the face
of the averments and the written information itself, one may
reach to a conclusion that there was no recovery of liquor from
the vehicle.
7. In the circumstances, we direct the District
Magistrate Nawada (Respondent No. 2) to pass an appropriate
order for release of the vehicle as early as possible and in any
case within a period of 30 days from the receipt of a copy of this
order.
8. The Respondent Nos. 3 and 4 shall take note of the
facts of the case and find out as to why, when no liquor was
found in the vehicle, the ASI seized the vehicle in question.
Appropriate action in this regard shall be duly considered by the
authorities.
Patna High Court CWJC No.19962 of 2025 dt.18-12-2025
9. So far as release of the mobile phone and money
are concerned, the petitioner may file a separate application for
the same before the jurisdictional court dealing with the matter,
which shall be considered and an appropriate order thereon shall
be passed within a period of one month from the date of filing
of the application.
10. The writ application stands disposed off
accordingly.
(Rajeev Ranjan Prasad, J)
(Sourendra Pandey, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.12.2025
Transmission Date NA
