Patna High Court
Rambrij Singh vs The State Of Bihar on 19 November, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13848 of 2025
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Rambrij Singh, Son of Ramnandan Singh, Resident of Village - Baratpur,
P.S.- Didarganj, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Prohibition, Excise and Registration Department,
Govt. of Bihar, Patna.
3. The District Magistrate, District- Saran at Chapra.
4. The Senior Superintendent of Police, District- Saran at Chapra.
5. The Officer In-charge, Khaira (Nagar) Police Station, District- Saran at
Chapra.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Nitish Kumar, Advocate
For the State : Mr. AC to SC-16
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 19-11-2025
Heard learned counsel for the petitioner and learned AC
to SC-16 for the State of Bihar.
2. The petitioner in this case is seeking a direction to
release Bolero Pickup Van bearing Registration No. BR01GJ-
0745, Chassis No. MA1ZN2TBKK1H63332 and Engine No.
TBK1H70033 which has been seized in connection with Khaira
(Nagar) P.S. Case No. 287 of 2023 registered under Section
30(A)/33 of the Bihar Prohibition and Excise Act, 2018.
Patna High Court CWJC No.13848 of 2025 dt.19-11-2025
3. Learned counsel for the petitioner submits that the
vehicle in question has been seized because of the presence of
spirit in the vehicle. It is pointed out that the sample of the alleged
seized spirit were examined and analyzed by the Department of
Prohibition and Excise and after verification, the Department has
produced lab report. The verification found that the sample
contains ethyl alcohol 0.0% and contains other type of solvent like
Butane, Heptane etc. which do not come under the sphere of Bihar
Prohibition and Excise Act, 2016 as it contains 0% alcohol. It is
submitted that despite this fact, case has been registered against
the accused persons including the petitioner under the Excise Act
but till date, confiscation has not been initiated and there is no
likelihood of initiation of confiscation proceeding. In this regard,
the police station has not sent any proposal to the ADM and on
contact made by the petitioner to the ADM Office, he has come to
know that the confiscation proceeding has yet not been initiated. In
the meantime, the petitioner has been granted bail in Criminal
Miscellaneous No. 62011 of 2023 vide order dated 26.09.2023.
4. Learned counsel for the petitioner submits that if the
vehicle is released, he would be ready to abide by such terms and
conditions which may be imposed by this Court.
Patna High Court CWJC No.13848 of 2025 dt.19-11-2025
5. Learned AC to SC-16 submits that there are catena of
decisions that in such circumstance where no confiscation
proceeding has been initiated and liquor has not been found on the
vehicle, the vehicle may be ordered to be released by this Court on
such terms and conditions as may be deemed just and proper by
this Court.
6. Having regard to the aforementioned submissions and
the averments made in the writ application, we direct the District
Magistrate, Saran at Chapra to consider the request of the
petitioner. If the petitioner files an application for release of the
vehicle and the District Magistrate finds that till date, confiscation
proceeding has not been initiated, he would order for release of the
vehicle forthwith on such terms and conditions which would not
be onerous and act hindrance in getting release of the vehicle by
the petitioner.
7. If any confiscation proceeding is found to have been
registered in connection with vehicle in question, the petitioner
will be at liberty to file an application in terms of Rule 12A of the
Bihar Prohibition and Excise Rule, 2021 (as amended vide
Amendment Rules, 2022) and on filing of such application, the
District Magistrate, Saran at Chapra (Respondent No. 3) shall pass
Patna High Court CWJC No.13848 of 2025 dt.19-11-2025
an appropriate order directing the petitioner to deposit the penalty
as envisaged under the rules for purpose of release of the vehicle.
8. It goes without saying that if an objection is filed on
behalf of the petitioner challenging the maintainability/initiation of
the confiscation proceeding, the same shall also be considered by
the District Magistrate, Saran at Chapra (Respondent No. 3) and
only upon deciding the said issue, any question of quantification of
penalty would arise.
9. In any case, the order shall be passed by the District
Magistrate within four weeks from the date of receipt/production
of a copy of this judgment/from the date of filing of the
application, as the case may be.
10. This writ application stands allowed to the extent
indicated hereinabove.
(Rajeev Ranjan Prasad, J)
(Sourendra Pandey, J)
lekhi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.11.2025
Transmission Date NA
