Akbar Alam Khan vs The State Of Bihar
2025 Latest Caselaw 2445 Patna

Patna High Court

Akbar Alam Khan vs The State Of Bihar on 26 March, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Sinha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.880 of 2025
     ======================================================
     Akbar Alam Khan S/o Gul Mohammad Khan, R/o 57, Ward No. 18, Near
     Masjid, Bauli Mohalla, P.S. Phulwari Sharif, District-Patna.


                                                                     ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Principal Secretary, Excise Department,
     Govt. of Bihar, Bihar, Patna.
2.   The Director General of Police, Bihar, Patna.
3.   The Excise Commissioner, Bihar, Patna.
4.   The Inspector General of Police, Bihar, Patna.
5.   The District Magistrate cum Collector, Patna.
6.   The Superintendent of Police, Patna.
7.   The Excise Superintendent of Police, Patna.
8.   The Officer in Charge, Gardanibagh Police Station, Patna.
9.   The Investigating Officer of Gardanibagh P.S. Case No. 205 of 2024, Dist-
     Patna.


                                                                   ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Priyanka Singh, Advocate
     For the Respondent/s   :        Mr. Raghwanand GA-11
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 26-03-2025

Learned counsel for the State has filed the counter

affidavit and the same is taken on record.

In the instant writ petition, the petitioner has prayed for

the following relief(s):

Patna High Court CWJC No.880 of 2025 dt.26-03-2025

"i. Releasing the Vehicle being Honda Amaze bearing Registration No. BR01-DW-6710, Chassis No. MAKDF55BGJ4004495, Engine No. L12B44013781 seized in connection with Gardanibagh P.S Case No. 205 of 2024 dated 05.04.2024, instituted under Sections 30(a), 36 of Bihar Prohibition and Excise Act, 2022, forthwith.

B. To any other relief/s to which the petitioner is found entitled to."

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

period of two weeks from the date of receipt of such application.

Patna High Court CWJC No.880 of 2025 dt.26-03-2025

5. With the above observation, the instant writ petition

stands disposed of.

(P. B. Bajanthri, J)

(Alok Kumar Sinha, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.03.2025
Transmission Date       NA