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 Chainpur P.S. Case No. 199 of 2025 under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act, 2022 (Amended).

3. The learned counsel for the petitioner has submitted that since the motorcycle of the petitioner had been stolen much earlier than the day on which the same was seized by the police in connection with excise act case as also the name of the petitioner does not find place in the FIR bearing Kundwa Chainpur P.S. Case No. 199 of 2025, it cannot be said that either there was consent of the petitioner or connivance of the owner of the motorcycle in question, i.e. the petitioner in commission of the offence. It is also submitted that the records would bear it out that the involvement of the petitioner in the illegal use of the motorcycle in question for ferrying illicit liquor has also not been proved. Thus, it is submitted by relying on judgments dated 30.01.2024, passed by a co-ordinate Bench of this Court in the case of Sunaina vs. State of Bihar & Ors., reported in 2024 SCC Online Pat 851 and the one dt. 18.11.2025, passed in the case of Ali Ashraf Siddique vs. The State of Bihar & Ors. (CWJC No.16421 of 2025) 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, the vehicle cannot be subjected to a confiscation proceeding.

4. Per contra, though the learned counsel for the respondent-State has vehemently opposed the prayer of the petitioner for release of the motorcycle in question, however he has not been able to show any proof of involvement of the petitioner in the occurrence of recovery of 63 liters of illicit liquor from the motorcycle in question and moreover, in the counter affidavit filed in the present case there is no material to show any direct or indirect involvement of the petitioner/owner of the vehicle in commission of the alleged offence.

5. We have heard the learned counsel for the parties and perused the materials on record from which it is apparent that the petitioner had filed an FIR bearing Chhatauni P.S. Case No. 357 of 2025 under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 on 14.06.2025 in connection with theft of his motorcycle bearing Registration No. BR05AQ-6299, however the police could not trace out the same but after more than one month, the said motorcycle was seized in connection with Kundwa Chainpur P.S. Case No. 199 of 2025 lodged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act, 2022 (Amended) on account of recovery of 63 liters of illicit liquor and the person arrested from the spot, who was driving the said motorcycle is also in no way connected to the petitioner as is apparent from the records. We further find from the counter affidavit filed by the