IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9245 of 2026 ====================================================== Bijendra Kumar son of Baijnath Ray, resident of village- Dahiyawan Dih, Police Station-Town Thana Chapra, District-Saran at chapra. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Home(Police) Excise Department Government of Bihar, Patna, Bihar. 2. The District Magistrate Saran District Chapra(Saran) Bihar 3. The District Superintendent of Police Saran at chapra Bihar. 4. The Officer in-charge of Garkha Police Station Garkha chapra Saran Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shrinath Manjhi, Advocate For the Respondent/s : Mr. Government Pleader (14) ====================================================== 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 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present writ application has been filed for a direction to the learned District Magistrate, Saran, to release the Blue Chassis + Blue Colour Three-Wheeler E-Rickshaw bearing Registration No. BR04RA0274, Engine No. TMM68625 and Chassis No. M8ERZNPF25WB68625, which was seized in connection with Garkha P.S. Case No. 774 of 2025, dated 07.10.2025, registered for the offence under Section 30(a) of the Bihar Excise Prohibition Amendment Act, 2023, in terms of Patna High Court CWJC No.9245 of 2026(2) dt.16-07-2026 2/3 Rule 12A of the Bihar Prohibition and Excise Rules, 2021, without insisting upon deposit of an amount equivalent to 50% of the present value of the said vehicle as directed vide Memo No. 627, dated 16.03.2026, issued by the learned District Magistrate, Saran in Confiscation Case No. 75 of 2026. 3. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle in question and the said E-Rickshaw is the sole source of livelihood for him and his family members. He further submits that the alleged occurrence took place when the vehicle was being driven by the co-accused driver and the petitioner has no involvement in the alleged offence 4. Learned counsel for the State submits that the vehicle in question was used for transportation of illicit liquor and, therefore, the same was seized in connection with Garkha P.S. Case No. 774 of 2025, dated 07.10.2025, registered for the offence under Section 30(a) of the Bihar Excise Prohibition Amendment Act, 2023. He further submits that there is a provision under Rule 12A of the 2021 Rules for filing an application in Form IV for release of the vehicle. 5. Considering the nature of the prayer made in the present writ application and the availability of statutory remedy Patna High Court CWJC No.9245 of 2026(2) dt.16-07-2026 3/3 under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, the present writ application is disposed of with liberty to the petitioner to file an appropriate application in Form-IV for release of his vehicle under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 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 withing the aforesaid period, the Confiscating Authority/district Supply Officer, Saran, shall dispose of the same by passing a reasoned and speaking order, strictly in accordance with law by a speaking order at the earliet, preferably within a period of two weeks from the date of application if consfiscation proceeding/appeal/revision and auction has not yet concluded. Siwani/- (Anil Kumar Sinha, J) ( Vikash Kumar, J) U