[Cites 6, Cited by 0]
Patna High Court
Ranjeet Kumar vs The State Of Bihar on 23 March, 2026
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 2000 of 2026
======================================================
Ranjeet Kumar Son of Umesh Kumar Patel, Resident of Village Rupwara, PS
Karza, District Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner, Excise, Tirhut Division, Muzaffarpur.
3. The District Magistrate, Muzaffarpur.
4. The Superintendent of Police, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 23-03-2026
The present writ petition has been filed to release the
motorcycle of the petitioner bearing Registration No.
BR06CA7068, Chassis No. MD634BE43J2L68826 and Engine
No. BE4LJ2667534 in favour of the petitioner.
2. The brief facts of the case are that while the police
personnel of Panapur Kariyat Police Station, Muzaffarpur were
on patrolling duty on 24.08.2024 at about 03:00 p.m. they
received secret information that one Guddu Kumar is going to
deliver illicit foreign liquor by his Apachi motorcycle bearing
Patna High Court CWJC No.2000 of 2026 dt.23-03-2026
Registration No. BR06CA7068, whereafter the police force had
proceeded to Harchanda Bazar where one person riding the said
motorcycle was arrested and upon enquiry he had disclosed his
name as Guddu Kumar as also upon search 2.52 litres of illicit
foreign liquor was recovered, leading to registration of Panapur
Kariyat P.S. Case No. 99 of 2024 dated 24.08.2024 under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022, against Guddu Kumar, Raj Kumar and Sanjay Sah.
3. The Ld. Counsel for the petitioner has submitted that first
of all meagre quantity of 2.52 litres of illicit foreign liquor has
been recovered from the motorcycle in question and secondly,
the petitioner was neither driving the motorcycle nor was
apprehended on the spot, however he had given the motorcycle
to the accused Guddu Kumar for taking his mother for treatment
to the doctor but it appears that on the way he had misused the
vehicle in question for ferrying illicit foreign liquor.
4. Per contra, the Ld. Counsel for the respondent-State
submits that since 2.52 litres of illicit foreign liquor has been
recovered from the motorcycle in question, the same has been
legally seized under the provisions of the Bihar Prohibition and
Excise Act, 2016, hence the petitioner may file appropriate
application under Rule 12A(2) of the Bihar Prohibition and
Patna High Court CWJC No.2000 of 2026 dt.23-03-2026
Excise (Amendment) Rules, 2023 (hereinafter referred to as the
'Rules, 2023') for release of the motorcycle on payment of
Penalty.
5. We have heard the learned counsel for the parties. At this
juncture, we would like to reproduce Rule 12A(2) of the Rules,
2023 herein below:-
"Rule 12A (Release of Vehicles, Conveyance etc. on
Payment of Penalty):-
"(2) The amount of penalty shall be as decided by the
Collector or the Officer authorized by him. While
imposing the penalty, he shall have due regard to the
quantity of intoxicant recovered, involvement of the
vehicle owner and the latest insurance value of the
vehicle. In no case, the penalty should be less than 10%
of the insured value of the vehicle and more than Rs. 5
lakhs. The insured value is the value of the vehicle as
assessed by the insurance company. Where, the insured
value is not available or the Collector or the Officer
authorized by him has reason to believe that the vehicle is
undervalued, he shall get the valuation done by the
District Transport Officer. In any case, the Collector
shall not wait beyond 15 days from the date of seizure
and if during this period, the accused/owner does not pay
up the penalty, he shall proceed with the confiscation/
auction."
6. A bare perusal of Rule 12A(2) of the Rules, 2023 would
show that while imposing penalty, the quantity of intoxicant
recovered is also required to be considered. Nonetheless, at this
juncture we would like to refer to an order dated 26.11.2025,
passed by a coordinate Bench of this Court in CWJC No.14928
Patna High Court CWJC No.2000 of 2026 dt.23-03-2026
of 2025 (Rakesh Kumar Singh vs. the State of Bihar & Ors),
wherein it has been held as under:-
"In absence of any specific ground that the vehicle was in
regular use for transportation of liquors or that the
owner of the vehicle was found involved in transportation
of the liquors and/or there are multiple cases of similar
nature against the owner or the vehicle, imposition of the
penalty to the extent of 75 per cent of the insured value is
an onerous condition and it amounts to virtually creating
a situation where huge hardship may be caused to an
owner of the vehicle in getting release of the vehicle."
7. Yet another aspect of the matter is that Rule 12A(4) of the
Bihar Prohibition and Excise (Amendment) Rules, 2022
provides that while imposing fine, the Collector or the officer
authorized by him shall have due regard to the economic status
of the individual, nature of his involvement in the crime and the
quantum of intoxicant recovered.
8. Having considered the facts and circumstances of the case
as also taking into account the fact that meager quantity, i.e.
2.52 litres of illicit foreign liquor has been recovered, the
petitioner was neither riding the motorcycle nor was present at
the place of occurrence and no material is available in the
counter affidavit filed by the respondents to show that either the
petitioner/his motorcycle was regularly involved in
transportation of illicit liquor or the petitioner is involved in
multiple cases of similar nature, which are also the factors
Patna High Court CWJC No.2000 of 2026 dt.23-03-2026
required to be considered while imposing penalty for release of
the vehicle, as has been provided under Rule 12A(2) of the
Rules, 2023 and Rule 12A(4) of the Rules, 2022, we are of the
considered view that it would be in the interest of justice and
equitable, if the petitioner is directed to pay a sum of Rs.2,000/-
by way of penalty for the purposes of release of the motorcycle
in question.
9. At this juncture, the learned counsel for the petitioner
submits that the petitioner would be depositing a sum of
Rs.2,000/- within a period of three weeks from today and shall
make available the documents of ownership of the motorcycle
in question before the competent authority.
10. In such view of the matter, we direct that in case the
aforesaid sum of Rs.2,000/- is deposited before the competent
authority within a period of three weeks from today, the
motorcycle in question shall be released in favour of the
petitioner, after being satisfied with the documents relating to
the ownership of the motorcycle in question, within a period of
one week, thereafter.
11. It is needless to state that the present order has been
passed by us while invoking the extraordinary jurisdiction under
Article 226 of the Constitution of India for the reason that
Patna High Court CWJC No.2000 of 2026 dt.23-03-2026
unnecessarily the petitioner shall be liable to be subjected to
various proceedings like the one under Rule 12A of the Rules,
2023, Section 57B, 58, 92 and 93 of the Bihar Prohibition and
Excise Act, 2016, as amended upto date, for a meager recovery
of 2.52 litres of illicit foreign liquor, as also with a view to avoid
and prevent multiplicity of proceedings, in the interest of
justice.
12. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Ramesh Chand Malviya, J)
S.Sb/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.03.2026
Transmission Date N/A
