CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3 19-12-2025 Heard learned counsel for the petitioner and learned GP-16 for the State.

2. A counter affidavit has been filed. Let it be taken on the record.

3. The petitioner in this case is seeking a direction to the respondents to release the vehicle/motorcycle bearing Registration No. BR02AP6418 in favour of the petitioner.

4. The vehicle has been seized in connection with Panchanpur P.S. Case No. 105 of 2025 dated 20.05.2025 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 (as amended up to date).

5. As per the allegations, the petitioner was found in possession of 750 ml bottle of liquor (whiskey) and the breath analyzer report showed that he had consumed about 100 ml of liquor.

6. Learned counsel for the petitioner submits that one bottle of 750 ml liquor was recovered from the possession of the petitioner as alleged, it was found from the waist of the petitioner, therefore, in view of the settled judicial pronouncements, it cannot be said that the vehicle in question was involved i