Patna High Court
Ritesh Kumar Singh vs The State Of Bihar on 1 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11868 of 2025
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Ritesh Kumar Singh,son of Brimohan Singh @ Brijmohan Singh, resident of
Village -Banqra Chauhan Tola, P. S. - Mashrakh, District - Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar Old
Secretariat, Patna Bihar.
2. The Divisional Commissioner, Excise Department, Patna, Division Patna.
3. The District Collector, Saran.
4. The Superintendent of Police Saran.
5. The Station House Officer Mashrak Police Station Saran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Respondent/s : Mr.Government Pleader (11)
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 01-09-2025
In the instant petition, petitioner has prayed for
the following relief(s):-
"(a) For release of the Apache
Motorcycle bearing Registration no.
BR04AL5409,ChasisNo.MD634AE88M2P13
by the respondent authorities in connection
with Mashrakh P.S. Case no. 315/2024
which was registered under section 30(a) of
the excise Act.
(ii) Till date confiscation case has not
Patna High Court CWJC No.11868 of 2025 dt.01-09-2025
been initiated in the present case.
2. Briefly stated the facts of the case is that there
is alleged recovery of 720 ml illicit liquor from the
motorcycle of the petitioner. On the basis of aforesaid fact,
Mashrakh P.S. Case No. 315 of 2024 dated 14.05.2024 was
registered under Sections 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submitted
that petitioner is the owner of the seized motorcycle and he
has falsely been implicated in this case. The petitioner was
not apprehended from the spot and he has no concern with
the seized illicit liquor. The seizure list has been made
without following the rule of search. The recovery of illicit
liquor is only 720 ml which is a meager quantity. It is
further submitted that till date, petitioner has not received
any notice in the confiscation proceeding.
4. Considering the small quantity of liquor, the
concerned authority is hereby directed to collect fine of Rs.
5,000/-(Five Thousands) from the petitioner and release the
motorcycle in his favour within a period of one week from
the date of receipt of this order, for which petitioner has no
Patna High Court CWJC No.11868 of 2025 dt.01-09-2025
objection.
5. We are conscious of the fact that alleged
recovery is meager quantity and the aforesaid order has
been passed while invoking extra ordinary jurisdiction
under Article 226 of the Constitution of India for the
reasons that unnecessarily petitioner shall not be subjected
to various proceedings like 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, Sections 58,
92 and 93 of the Bihar Prohibition and Excise Act, 2016, for
an issue of 720 ml of illicit liquor and such order is required
to prevent the multiplicity of proceeding in the interest of
justice.
6. Accordingly, the writ petition stands disposed
of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, ACJ)
Shageer/-
AFR/NAFR NAFR
CAV DATE 11/08/2025
Uploading Date 01/09/2025
Transmission Date N/A
