IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20883 of 2025 ====================================================== Gyaneshwar Prasad Son of Lakshman Prasad Roy, Resident of Village- Mishrawalia Magaidih Tola, Hirani, P.S. Muffasil, District-Saran. ... ... Petitioner/s Versus 1. The State of Bihar through Addl. Chief Secretary, Excise, Prohibition and Registration Department, Govt. of Bihar, Patna. 2. The Excise Commissioner, Excise and Prohibition Department, Govt. of Bihar, Patna. 3. The District Magistrate, Saran, Chapra. 4. The Excise Superintendent, Saran. 5. The Superintendent of Police, Saran, Chapra. 6. The Station House Officer, Excise Sadar P.S., District-Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3 Mr. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) Date : 16-02-2026 The present writ petition has been filed for directing the respondent-authority to release TVS Apache motorcycle bearing Registration No.BR-04AV-0760, Chassis No. MD634BE8XR2K 18419, Engine No.AE8KR2318587 in favour of the petitioner, which was seized in connection with Saran Sadar Excise P.S. Case No.213 of 2025 due to recovery of 1.50 liters of illicit liquor. 2. The brief facts of the case are that Saran Excise Sadar P.S. Patna High Court CWJC No.20883 of 2025 dt.16-02-2026 2/4 Case No.213/2025 was registered under Section 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 (hereinafter referred to as “the Act, 2016”) against three persons on account of recovery of 1.50 liters of illicit liquor from one co-accused person, namely Satish Kumar, who was sitting in the middle of the motorcycle in question. 3. The learned counsel for the petitioner submits that the petitioner is the owner of the motorcycle in question and neither the illicit liquor was recovered from him nor he is having any direct or indirect involvement with the alleged occurrence nor the illicit liquor has been recovered from the motorcycle in question, inasmuch as a bare perusal of the seizure-list would show that 1.50 liters of illicit liquor has been recovered from one person, namely Satish Kumar, who was sitting in the middle of the motorcycle in question, accompanied by two other accused persons, including the son of the petitioner, namely Nikhil Kumar, who is also not having any complicity in the alleged occurrence. 4. Per contra, the learned counsel for the respondent has submitted that on account of recovery of 1.50 liters of illicit liquor from the possession of one Satish Kumar, who was also sitting on the motorcycle in question along with two other co- Patna High Court CWJC No.20883 of 2025 dt.16-02-2026 3/4 accused persons, the motorcycle has been seized. However, the learned counsel for the respondent has not been able to show from the counter-affidavit filed in the present case that the petitioner is either directly or indirectly involved in the alleged occurrence much less, is having any connection with the alleged occurrence. 5. We have heard the learned counsel for the parties and we find from the law laid down in the case of Sunaina vs. State of Bihar & Ors., reported in 2024 SCC Online Pat 851 that involvement or connivance of the owner of the vehicle in illegal use of the vehicle for ferrying illicit liquor is an essential prerequisite for confiscation of the vehicle or imposing any penalty for release of the vehicle. As far as the present case is concerned, admittedly the counter affidavit filed by the respondent-State does not show that either the petitioner is an accused in the FIR bearing Saran Excise Sadar P.S. Case No.213/2025 or he is in anyway involved in commission of the alleged offence. We further find that meager quantity of illicit liquor, i.e 1.50 liters is said to have been recovered from one Satish Kumar, who is a co-accused in the aforesaid case, however no illicit liquor was recovered from Nikhil who is the son of the petitioner apart from the admitted fact that illicit Patna High Court CWJC No.20883 of 2025 dt.16-02-2026 4/4 liquor has not been recovered from the motorcycle in question. Therefore, we are of the considered view that if the involvement of the owner of the vehicle is not there in commission of the alleged offence of transportation of illicit liquor and in such illegal use of the vehicle, neither penalty can be levied for release of the vehicle nor the same can be subjected to a confiscation proceeding. 6. Having regard to the facts and circumstances of the present case & in the interest of justice, we deem it fit and proper to direct the respondent-authority to release the motorcycle in question in favour of the petitioner forthwith preferably within a period of one week from the date of receipt/production of a copy of this order upon due verification of the ownership of the petitioner qua the motorcycle in question. 7. The writ petition stands allowed. kanchan/- (Mohit Kumar Shah, J) (Sunil Dutta Mishra, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2026 Transmission Date NA