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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20882 of 2025

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Gopal Sharma S/o Jiut Sharma R/o Village- Asudha, P.S.- Durgawati, District-

Kaimur at Bhabua.

... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Excise Department, Patna.

2. The Collector Cum District Magistrate, Kaimur at Bhabua.

3. Sub- Divisional Officer, Bhabua, Kaimur at Bhabua.

4. Sub- Divisional Officer, Mohania, Kaimur at Bhabua.

5. The Superintendent of Police, Kaimur at Bhabua.

6. The Superintendent of Excise, Prohibition, Kaimur at Bhabua.

7. The Station Head of Excise Police Station, Kaimur at Bhabua.

... ... Respondent/s

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Appearance:

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate

For the Respondent-State: Mr. S.D. Yadav, AGG-IX

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 28-01-2026

Heard the learned counsel for the petitioner and the

learned AAG-IX for the State.

2. The present writ petition has been filed for setting

aside the order dated 06.11.2025, passed by the learned

Collector-cum-District Magistrate, Kaimur at Bhabhua in Excise

(Vehicle Confiscation) Case No.108 of 2025, whereby and

whereunder penalty has been imposed to the extent of 80% of

Patna High Court CWJC No.20882 of 2025 dt.28-01-2026

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the assessed value, i.e. Rs.1,50,000/- which totals up to a sum of

Rs.1,20,000/-, apart from the petitioner having been also

directed to deposit 3% of the penalty amount, i.e. Rs.3600/- in

the account of Bihar State Beverages Corporation Limited (in

short ‘BSBCL’). The Ld. Collector, Kaimur at Bhabhua has

further directed that upon deposit of the said penalty sums of

Rs.1,20,000/- and Rs.3600/- respectively and producing receipt

thereof within 15 days, action shall be taken to release the

vehicle in question.

3. The brief facts of the case are that an FIR bearing

Bhabhua (Prohibition) P.S. Case No.409 of 2025 dt. 16.06.2025

was registered under Sections 30(a), 32(i), 32(iii), 41(1) and

41(2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

referred to as the ‘Act, 2016’) against Gopal Sharma (petitioner)

from whose vehicle, i.e Maruti SX4 Car bearing Registration

No. UP65BB-2876, Chasis No. MA3EFJC1500202535, Engine

No. M16AN2043842, 29.880 liters of illicit liquor has been

recovered, leading to the said vehicle being seized.

4. The learned counsel for the petitioner has

submitted that the confiscating authority, i.e. the Collector-cum-

District Magistrate, Kaimur has though by the impugned order

dated 06.11.2025 directed for release of the vehicle in terms of

Patna High Court CWJC No.20882 of 2025 dt.28-01-2026

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Rule 12A (2) of the Bihar Prohibition and Excise (Amendment)

Rules, 2023 (hereinafter referred to as the “Rules, 2023”) on

payment of 80% of the assessed value plus 3% thereof, but the

same is exorbitant and unreasonable, inasmuch as the vehicle in

question was purchased by the petitioner on 29.11.2011 i.e.

about 13 years back. It is further submitted that a bare perusal of

Rule 12A(2) of the Rules, 2023 would show that the Collector

and the authorized officer while imposing penalty should have

due regard to the quantity of intoxicant recovered, involvement

of the vehicle owner and the latest insurance value of the

vehicle, however in the present case the insurance value has not

been considered and instead the value of the vehicle, as assessed

by the Motor Vehicle Inspector, Kaimur at Bhabhua has been

taken into account. Thus, it is prayed that the vehicle in question

be directed to be released upon payment of a reasonable

amount, considering the fact that meager quantity of 29.880

liters illicit liquor has been recovered from the vehicle in

question.

5. Per contra, the learned AAG-IX appearing for the

State has submitted that the impugned ord