Patna High Court
Abhay Kumar Singh vs The State Of Bihar on 31 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9899 of 2025
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Abhay Kumar Singh, son of Bishwanath Singh, resident of village Pahari
Chak, P.O. Sonepur, P.S. Sonepur, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Excise Department,
Government of Bihar Patna
2. The District Magistrate cum Collector, Saran
3. The Superintendent of Police, Chapra, District - Saran
4. The Officer in Charge, Dighawara Police Station, District -Saran
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Singh, Advocate
For the Respondent/s : Mr. Anil Kumar Verma, AC to AAG-9
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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 : 31-07-2025
In the instant writ petition, the petitioner has prayed for
the following relief(s):
"(A) To issue appropriate writ, order or
direction in the nature of mandamus for release of
Maruti Dzire Car bearing Registration Number
BR31AV-4906 having Chassis No.
M8HCZFB3SPB389091 and Engine No.
K12NP7222920 in favor of the petitioner, which
has been seized by Dighawara Police in connection
with Dighawara P.S. Case No. 4 of 2025 registered
on 12.01.2025 under section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
(B) This Hon'ble Court may adjudicate
and hold that pre-trial detention/confiscation
aforementioned Maruti Dzire Vehicle of the
petitioner by the respondents under Bihar
Prohibition and Excise (Amendment) Act 2022 is
illegal in the eye of law and also the petitioner is
Patna High Court CWJC No.9899 of 2025 dt.31-07-2025
entitle for release of his Vehicle in his favor in
terms of Rule 12(B) of Bihar Prohibition and
Excise Rule since the petitioner is the owner of said
vehicle and he is ready to pay the penalty as
prescribed under the law but respondent authority
has not send the requisition of seizer of the vehicle
of the petitioner before the Collector till date,
therefore, no proceeding has been initiated by the
respondent Collector either under Rule 12 (B) or
under section 56 of the Act
(C) To grant any other relief or reliefs
under the facts and circumstance of the cases under
which the petitioner is entitle."
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.9899 of 2025 dt.31-07-2025
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)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2025
Transmission Date NA
