IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5732 of 2025 ====================================================== Habib Khan S/o Mohd Sarif, R/o House No. 373, Plot No. 52/2, Kh. No. 667 BLK-H Street No.9, Swami Shardha Nand Colony, Badli, P.O.- Samalpur, P.S.- Sirspur, District- North West Delhi, Delhi. Also at B-7/261, Block-B/7, Bhalswa, J J Colony, Libaspur, P New Delhi, Delhi. ... ... Petitioner/s Versus 1. The State of Bihar through Secretary Excise and Prohibition Department Gov. of Bihar, Patna. 2. The Excise Commissioner, Bihar, Patna. 3. The District Magistrate, Gopalganj, Bihar. 4. The Superintendent of Police, Gopalganj, Bihar. 5. The Superintendent of Excise, Gopalganj, Bihar. 6. The SHO, Gopalganj Police Station, Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Md.Danish Quamar, Advocate Mr.Sumit Shekhar Pandey, Advocate For the Respondent/s : Mr.Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 3 14-05-2025 In the instant writ petition, the petitioner has prayed for the following relief:- “(i) For issuance of a writ in the any other appropriate order/orders, direction/directions directing Patna High Court CWJC No.5732 of 2025(3) dt.14-05-2025 2/3 the respondents to release the vehicle of the petitioner which is a Hyundai 120 car having Registration No. DL 8CAK 9809, Engine No.-G4LAFM681656 and Chassis No.MALBM51BLFM111417 which has been seized by the State officials under the FIR bearing Kateya P.S. Case No. 315/2024 u/s 317(5)/3(5) of BNS and 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 dated 16.08.2024; And/or (ii) For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.” 2. Learned counsel for the State on instruction read with the counter affidavit submitted that confiscation proceeding has attained finality on 26.04.2025. Therefore, the petitioner has remedy of filing appeal before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016. Simultaneously, he is permitted to invoke remedy under Rule- 12A of the Bihar Prohibition and Excise Rules, 2021 for the purpose of release of subject matter vehicle. If the aforementioned proceedings are undertaken by the petitioner, the same shall be decided by the respective authority(s) within a reasonable period of time of three months from the date of receipt of such application/appeal. 3.Till disposal of memorandum of appeal to be filed on behalf of the petitioner, the subject matter vehicle shall not be auctioned. Patna High Court CWJC No.5732 of 2025(3) dt.14-05-2025 3/3 4. With the above observation and direction, the writ petition stands disposed of. ranjan/saurav- (P. B. Bajanthri, J) (S. B. Pd. Singh, J) U