IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5268 of 2026 ====================================================== Raghvendra Singh, S/o Late Kailash Singh, R/o- Village- Singhpur, P.S.- Fefana, District- Ballia (U.P.). ... ... Petitioner Versus 1. The State of Bihar through Principal Secretary, Department of Excise Department, Government of Bihar, Patna. 2. The Commissioner, Excise Department, Patna, Bihar. 3. The Collector cum District Magistrate, Buxar. 4. The Superintendent of Police, Buxar. 5. The Officer-in-Charge, Police Station- Ram Das Rai Ke Dera, District- Buxar. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar, Advocate Mr. Sandeep Kumar Pandey, Advocate For the Respondent/s : Mr. K.K. Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 2 07-07-2026 Heard learned counsel for the petitioner and learned AC to GP-22 for the State. 2. The petitioner in this case is aggrieved by and dissatisfied with the order dated 19.01.2026 passed by the Additional Collector cum Additional District Magistrate, Buxar in confiscation case having Miscellaneous (Excise) Case No. TR-14/2026/14/2026: State vs. unknown arising out of Ram Das Rai Ke Dera P.S. case No.-47/2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date). 3. Learned counsel for the petitioner submits that as per Patna High Court CWJC No.5268 of 2026(2) dt.07-07-2026 2/3 the First Information Report being Ram Das Rai Ke Dera P.S. Case No. 47 of 2025 dated 22.11.2025, 1.680 liters of liquor was found in a plastic bag recovered from beneath the seat of the rear passenger on the vehicle. Learned counsel for the petitioner submits that the vehicle in question has been registered as a commercial vehicle. It appears that one of the passengers on the vehicle was carrying a meager quantity of liquor in his bag which was not within the knowledge of the owner of the vehicle. The owner is not an accused in this case. For such a meager quantity of liquor found from the possession of the passenger, it cannot be said that the vehicle in question was transporting illicit liquors. Which is not a case of unlawful transportation of liquor. Reference in this regard has been made to the judgment of this Court in the case of Sunaina @ Suneina versus State of Bihar and Ors. reported in 2024 (3) BLJ 163. 4. A counter affidavit has been filed by the Superintendent of Excise, Buxar. It is admitted that total 1.680 liters of whiskey was found in possession of a person on the vehicle who tried to flee away. According to the respondent, the petitioner would be liable to pay 40% of the insured value which will come to Rs.4,09,640/-( Rupees Four Lakhs/-) in this case. 5. Having heard learned counsel for the petitioner and learned AC to GP-22 for the State as also on perusal of the records, this Court finds that a meager quantity of 1.680 liters of Whiskey is Patna High Court CWJC No.5268 of 2026(2) dt.07-07-2026 3/3 said to have been recovered from beneath the seat of the rear passenger on the vehicle. In this regard, there is no statement that complicity of the owner of the vehicle was also found. In the case of Sunaina @ Suneina versus State of Bihar and Ors. reported in 2024 (3) BLJ 163, this Court had occasion to consider a matter in which meager quantity of liquor was found from the possession of the driver of a vehicle. It has been held that this would not be a case of transportation of liquor as envisaged under the scheme of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date). 6. Having regard to settled position by the judicial pronouncements, in the facts of this case, we set aside the order dated 19.01.2026 in Miscellaneous (Excise) Case No. TR-14/2026/14/2026 passed by the Additional Collector cum Additional District Magistrate, Buxar and directs release of the vehicle bearing Registration No. UP-32PU-6596 forthwith. 7. This writ application stands allowed. amitkumar/- (Rajeev Ranjan Prasad, J) (Kumar Manish, J) U