IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8970 of 2026 ====================================================== Jitendra Kumar @ Jitendra Kumar Sharma Son of Dhanaveer Sharma, Resident of Village- Chhabariya, P.S.- Sardhana, District- Meerut, U.P. 250342. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The District Magistrate-cum-Collector, Sitamarhi. 4. The S.S.P, Sitamarhi. 5. The S.H.O, Runni Saidpur Police Station, Sitamarhi. 6. The Investigating Officer, Runni Saidpur P.S. Case No. 69/2026, Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Singh For the Respondent/s : Mr.Government Pleader 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 2 16-07-2026 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The present writ application has been filed by the petitioner for a direction to the respondent authorities to release his Truck bearing Registration No. UP15GT8868, Chasis No. MAT555013P8J15856 & Engine No. 45PCR19JWX630383 which was seized in connection with Runni Saidpur P.S. Case No. 69 of 2026 dated 18.02.2026 registered for the offence under Section 338, 336(3), 340(2), 238 of the BNS and Section Patna High Court CWJC No.8970 of 2026(2) dt.16-07-2026 2/3 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. Learned counsel for the petitioner submits that Runni Saidpur P.S. Case No. 69 of 2026 was registered for recovery of 2376 liters of illicit liquor from the truck bearing Registration No. UP15GT8868, which is a commercial vehicle and the same was being driven by one Shubham Singh and the police apprehended two persons namely, Ritik Kumar and Suresh Rai. He further submits that petitioner had no knowledge about the loading and offloading of the goods on the vehicle as the said vehicle was already sold to Gurmit Singh, which is reflected from the sale letter annexed as Annexure -P/3. 4. On the other hand, learned counsel for the State submits that the truck of the petitioner was indulged in the transportation of illicit liquor, as such, the first information report has been registered under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022 and the truck in question was seized and confiscation proceeding has been initiated against the petitioner for confiscation of the truck. He further submits that there is provision under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (for short “2021 Rules”) for release of the vehicle by the confiscating Patna High Court CWJC No.8970 of 2026(2) dt.16-07-2026 3/3 authority and the petitioner may avail the remedy under Rule 12A of the 2021 Rules by filing an application for release of the vehicle in Form- IV. 5. Considering the nature of prayer made in the writ application and the fact that the petitioner has not availed the remedy under Rules 12A of the 2021 Rules, the present writ application is disposed with liberty to the petitioner to file an appropriate application in Form-IV for release of his vehicle under Rule 12A of the 2021 Rules within a period of two weeks from today. 6. It is made clear that if such an application is filed by the petitioner in Form- IV within the aforesaid period, the Confiscating Authority / District Magistrate-cum-Collector, Sitamarhi shall dispose the same in accordance with law by a speaking order at the earliest, preferably within a period of two weeks from the date of the filing of the application. aayan/- (Anil Kumar Sinha, J) ( Vikash Kumar, J) U