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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ARUN KUMAR JHA
Rajnish Kumar, Son of Late Nand Kishore Yadav – Appellant
Versus
State of Bihar, through Additional Chief Secretary, Department of Excise – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for directing the respondent to release the black coloured Hero Splendor + motorcycle bearing Registration No. BR05AQ-6299, Chasis No. MBLHAW115MHE19014 and Engine No. HA11EVMHE 18795, which has been seized in connection with Kundwa Chainpur P.S. Case No. 199 of 2025 dated 16.07.2025, registered under Sections, 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act, 2022 (Amended) against the driver- cum-owner of the seized motorcycle on account of recovery of 63 liters of illicit country made Nepali liquor.
2. The brief facts of the case, according to the petitioner are that on 13.06.2025 his motorcycle bearing Registration No. BR05AQ-6299 (Hero Splendor +) having the same chassis and engine number, as aforesaid was stolen, leading to lodging of FIR bearing Chhatauni P.S. Case No. 357 of 2025 dated 14.06.2025 under Section 303(2) of Bharatiya Nyaya Sanhita, 2023. Thereafter, the said motorcycle was seized by the police during the course of checking the vehicles coming from Nepal and 63 liters of illicit country made Nepali liquor was recovered from the said motorcycle, leading to registration of Kundwa Chainp
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 both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
Seizure of a vehicle under the Bihar Prohibition and Excise Act requires evidence of its use in the commission of an offence; mere ownership does not suffice.
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