Patna High Court
Neeraj Singh @ Neeraj vs The State Of Bihar on 10 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8945 of 2025
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Neeraj Singh @ Neeraj, S/o Pancham Singh, Resident of Village-Vijwasan,
Barthal Road, House No. 150, KH No. 479 South-West, Delhi-110077.
... ... Petitioner.
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Excise, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Excise, Government of
Bihar, Patna.
3. The Excise Commissioner, Government of Bihar, Patna.
4. The District Magistrate, Gopalganj.
5. The Superintendent of Police, Gopalganj.
6. The S.H.O. Mahammadpur, Gopalganj.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Pramod Mishra, Advocate.
For the State : Mr. Uday Shankar Sharan Singh, GP-19.
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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 : 10-07-2025
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"For commanding and directing the
Respondents concerned to release
white colour swift desire Car bearing
RegistrationNo.UP16ET5191, Chassis
No.MA3EJKD1S00B13039, Engine
No.K12MN2016742 registered in the
name of present petitioner which has
Patna High Court CWJC No.8945 of 2025 dt.10-07-2025
been illegally seized by the police
team in connection with
Mahammadpur P.S. Case No.208/2024
registered for the offence under
section 30(a) Bihar Prohibition and
Excise Act. And/or any other
relief/reliefs for which the petitioner is
found entitled to in the facts and
circumstances of the case."
2. In support of the aforementioned relief, there is no
demand before the competent authority in particularly under
Rule of 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 instant writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the instant writ
petition stands disposed of as pre-mature.
4. Disposal of the instant writ 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,
the competent authority shall pass speaking order within a
Patna High Court CWJC No.8945 of 2025 dt.10-07-2025
period of two weeks from the date of receipt of such application.
5. With the above observation, the instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.07.2025
Transmission Date NA
