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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ARUN KUMAR JHA
Rahul Raj Kumar @ Rahul Raj, Son of Brijeshwar Ram – Appellant
Versus
State of Bihar through the Principal Secretary, Prohibition and Excise Department, Govt. of Bihar, Patna – Respondent
ORAL JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for setting aside the order dated 30.08.2025, passed by the learned Additional Collector-cum-Additional District Magistrate, Nalanda in Confiscation (Excise) Case No.145 of 2025, in connection with Biharsharif P.S. Case No. 159 of 2025 dated 12.03.2025, registered under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise (Amendment) Act, 2022 (hereinafter referred to as the ‘Act, 2022’). The petitioner has prayed for quashing of the appellate order dated 24.12.2025, passed by the learned Excise Commissioner, Bihar in Excise Appeal Case No.195 of 2025 as also release his Alto car bearing registration No. BR 01 PK 7909, Chassis No. MA3EUA61S00F16890, Engine No. F8DN6268612 in his favour without being asked to deposit any penalty.
2. The brief facts of the case are that while the Sub-Inspector of Police, Bihar Police station along with armed force had left for patrolling duty on 11.03.2025 at about 22:00 hours and were checking vehicles on 12.03.2025 at about 3:30 am, one white colour Alto car was seen coming from the side of Nakatpura bearing registration No. BR 01 PK 7909, which was stopped by the p
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
Confiscation of property requires evidence of owner's involvement in the crime; lack thereof violates fundamental rights.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
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