Gyaneshwar Prasad vs The State Of Bihar
2026 Latest Caselaw 467 Patna

Patna High Court

Gyaneshwar Prasad vs The State Of Bihar on 16 February, 2026

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah, Sunil Dutta Mishra

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20883 of 2025
     ======================================================
     Gyaneshwar Prasad Son of Lakshman Prasad Roy, Resident of Village-
     Mishrawalia Magaidih Tola, Hirani, P.S. Muffasil, District-Saran.

                                                                 ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through Addl. Chief Secretary, Excise, Prohibition and
     Registration Department, Govt. of Bihar, Patna.
2.   The Excise Commissioner, Excise and Prohibition Department, Govt. of
     Bihar, Patna.
3.   The District Magistrate, Saran, Chapra.
4.   The Excise Superintendent, Saran.
5.   The Superintendent of Police, Saran, Chapra.
6.   The Station House Officer, Excise Sadar P.S., District-Saran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Binod Kumar Sinha, Advocate
     For the Respondent/s   :      Mr. Sunil Kumar Mandal, SC-3
                                   Mr. Neelam Kumari, AC to SC-3
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) Date : 16-02-2026

The present writ petition has been filed for directing the

respondent-authority to release TVS Apache motorcycle bearing

Registration No.BR-04AV-0760, Chassis No. MD634BE8XR2K

18419, Engine No.AE8KR2318587 in favour of the petitioner,

which was seized in connection with Saran Sadar Excise P.S.

Case No.213 of 2025 due to recovery of 1.50 liters of illicit

liquor.

2. The brief facts of the case are that Saran Excise Sadar P.S. Patna High Court CWJC No.20883 of 2025 dt.16-02-2026

Case No.213/2025 was registered under Section 30(a) and 32(3)

of the Bihar Prohibition & Excise Act, 2016 (hereinafter

referred to as "the Act, 2016") against three persons on account

of recovery of 1.50 liters of illicit liquor from one co-accused

person, namely Satish Kumar, who was sitting in the middle of

the motorcycle in question.

3. The learned counsel for the petitioner submits that the

petitioner is the owner of the motorcycle in question and

neither the illicit liquor was recovered from him nor he is

having any direct or indirect involvement with the alleged

occurrence nor the illicit liquor has been recovered from the

motorcycle in question, inasmuch as a bare perusal of the

seizure-list would show that 1.50 liters of illicit liquor has been

recovered from one person, namely Satish Kumar, who was

sitting in the middle of the motorcycle in question, accompanied

by two other accused persons, including the son of the

petitioner, namely Nikhil Kumar, who is also not having any

complicity in the alleged occurrence.

4. Per contra, the learned counsel for the respondent has

submitted that on account of recovery of 1.50 liters of illicit

liquor from the possession of one Satish Kumar, who was also

sitting on the motorcycle in question along with two other co- Patna High Court CWJC No.20883 of 2025 dt.16-02-2026

accused persons, the motorcycle has been seized. However, the

learned counsel for the respondent has not been able to show

from the counter-affidavit filed in the present case that the

petitioner is either directly or indirectly involved in the alleged

occurrence much less, is having any connection with the alleged

occurrence.

5. We have heard the learned counsel for the parties and we

find from the law laid down in the case of Sunaina vs. State of

Bihar & Ors., reported in 2024 SCC Online Pat 851 that

involvement or connivance of the owner of the vehicle in illegal

use of the vehicle for ferrying illicit liquor is an essential

prerequisite for confiscation of the vehicle or imposing any

penalty for release of the vehicle. As far as the present case is

concerned, admittedly the counter affidavit filed by the

respondent-State does not show that either the petitioner is an

accused in the FIR bearing Saran Excise Sadar P.S. Case

No.213/2025 or he is in anyway involved in commission of the

alleged offence. We further find that meager quantity of illicit

liquor, i.e 1.50 liters is said to have been recovered from one

Satish Kumar, who is a co-accused in the aforesaid case,

however no illicit liquor was recovered from Nikhil who is the

son of the petitioner apart from the admitted fact that illicit Patna High Court CWJC No.20883 of 2025 dt.16-02-2026

liquor has not been recovered from the motorcycle in question.

Therefore, we are of the considered view that if the involvement

of the owner of the vehicle is not there in commission of the

alleged offence of transportation of illicit liquor and in such

illegal use of the vehicle, neither penalty can be levied for

release of the vehicle nor the same can be subjected to a

confiscation proceeding.

6. Having regard to the facts and circumstances of the

present case & in the interest of justice, we deem it fit and

proper to direct the respondent-authority to release the

motorcycle in question in favour of the petitioner forthwith

preferably within a period of one week from the date of

receipt/production of a copy of this order upon due verification

of the ownership of the petitioner qua the motorcycle in

question.

7. The writ petition stands allowed.

(Mohit Kumar Shah, J)

(Sunil Dutta Mishra, J)

kanchan/-

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Uploading Date          18.02.2026
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