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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ARUN KUMAR JHA
Prayagadhwaj Yadav @ Prayag S/o Raj Kishor Yadav – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
1. Heard the Ld. Counsel for the petitioner, who is appearing through video conferencing and the Ld. Counsel for the State.
2. The present writ petition has been filed for quashing the order dated 1.7.2025, passed by the Ld. Court of Sub-Divisional Magistrate, Mohania (Kaimur) in Excise (Vehicle Confiscation)Case No. 24/2025, whereby and whereunder the vehicle in question i.e. the one bearing Registration No. UP57BH7128, Chassis No. MALFB81BLNM386671 and Engine No. G4LANM304200 has been confiscated and directed to be auction sold in connection with Durgawati P.S. Case No. 169/24 dated 21.6.2024, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 (hereinafter referred to as the “Amendment Act, 2018”) on account of recovery of 350.250 liters of illicit liquor from the said vehicle, i.e white colour Hyundai Company Venue Car.
3. The brief facts of the case, as per the complaint lodged by the Sub-Inspector of Police, Durgawati Police Station (hereinafter referred to as “the informant”) with the Inspector of Police-cum-Officer-in-Charge, Durgawati Police Station is that on 21.6.2024 at about 9:00 hours he received secret
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
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....
The main legal point established in the judgment is the need for timely initiation and conclusion of confiscatory proceedings under the Bihar Prohibition and Excise Act, 2016, and the issuance of dir....
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