Patna High Court
Bulet Kumar vs The State Of Bihar on 8 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7130 of 2025
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Bulet Kumar S/o- Chhote Lal Singh, R/o Village- Bagheji, P.S- Barauli,
District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The Officer in charge of Excise Police Station, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Adesh Raj, Adv.
For the Respondent/s : Mr. Divit Vinod (AC to SC 26)
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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 : 08-05-2025
Heard learned counsels for the parties.
2. In the instant writ petition, petitioner has prayed
for the following relief(s):-
"(i). For commanding and
directing the respondents authorities to
release the Motor Cycle of the petitioner
bearing Reg. no. BR-01CN-4499 and he
has every valid document for the same and
having Chesis no. ME4JC943LRD022151,
Engine no.-JC94ED2107089, seized by
Excise Police Station, Gopalganj in
connection with Gopalganj Excise, P.S Case
No. 153 of 2025 dated 08.03.2025
Patna High Court CWJC No.7130 of 2025 dt.08-05-2025
registered for the offences punishable U/S
30(a) & 32 of the Bihar Prohibition and
Excise Act 2022, in favour of the petitioner
or his representative, in favour of the
petitioner or his representative.
(ii) For direction may be given
for disposal of present case in light of the
Hon'ble Patna High Court's decision in
Sunaina Vs. State of Bihar (CWJC No.
7920 of 2023).
(iii) Any other relief/s to which
the petitioner is entitled in the facts and
circumstances of the case."
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.
4. 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.
5. Disposal of the instant writ petition would not be
Patna High Court CWJC No.7130 of 2025 dt.08-05-2025
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.
6. 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.
7. With the above observation, instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Nirajkrs/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.05.2025
Transmission Date NA
