IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4821 of 2026 ====================================================== Dinesh Kumar Son of Vinod Pandit, Resident of village - Jhitkahiya, P.S.- Lakhaure, District - East - Champaran, Motihari. ... ... Petitioner/s Versus 1. That State of Bihar through the Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna. 2. The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna. 3. The Excise Commissioner, Government of Bihar, Patna. 4. The District Magistrate, District- Motihari at East Champaran. 5. The Senior Superintendent of Police, District- West Champaran at Bettiah. 6. The Superintendent of Police, Motihari, District - East Champaran. 7. The Deputy Superintendent of Police, District - East Champaran. 8. The S.H.O., P.S.- Sugauli, District - Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr. Kumar Alok, SC-7 Ms. Rashmi Ranjan, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 2 22-04-2026 Ms. Rashmi Ranjan, learned AC to SC-7 for the State has informed that the instruction has come in which it has been informed that police has already submitted a final form in the theft case wherein it has been found that the occurrence is true but no clue. It is, therefore, evident that the name of the petitioner has not transpired in the alleged theft of the vehicle. 2. In the aforesaid view of the matter, we grant liberty Patna High Court CWJC No.4821 of 2026(2) dt.22-04-2026 2/2 to the petitioner to file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended uptodate) (hereinafter referred to as the 'Rules of 2021') before the confiscating authority within one month from today. On filing of such an application, the confiscating authority shall consider the same and pass an appropriate order for release of the vehicle in question within two weeks from the date of the application. The confiscating authority shall keep in mind the judicial pronouncements on the subject in which it has been held that where the involvement of the owner of the vehicle is not found in the theft of the vehicle or in the alleged transportation of the liquor in question, the vehicle in question shall be allowed to be released without burdening the owner of the vehicle with the imposition of a penalty. 3. This writ application stands disposed of accordingly. arvind/- (Rajeev Ranjan Prasad, J) ( Soni Shrivastava, J) U