IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.834 of 2026 ======================================================

Alina Majumdar Wife of Avijit Majumdar, Resident of Village Karinamai Housing State, PS Bidhan Nagar, District Kolkata, State West Bengal.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Excise Department.

2. The District Magistrate cum Collector, Kaimur (Bhabua).

3. The Superintendent of Police, Kaimur (Bhabua). 4. The Superintendent of Excise, Kaimur (Bhabua).

5. The Station House Officer, Excise, Kaimur, Bhabua.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Abhay Kr. Mishra, Advocate Mr. Sonu Singh, Advocate Mr. Sarfraz Ahmad, Advocate For the Respondent/s : Mr. Sanjay Prasad, AC to AAG-4 ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 23-02-2026 The present writ petition has been filed for setting aside the order dated 01.11.2025 passed by the learned District Magistrate, Kaimur at Bhabua in connection with Excise (Vehicle Confiscation) Case No. 362 of 2025 whereby and whereunder it has been directed that the vehicle in question be released upon payment of penalty to the tune of Rs. 4,97,532/- as also deposit of further 3% of the penalty amount i.e. a sum of Rs. 14,926/- in the account of BSBCL. The petitioner has also prayed for release of her KIYA CARENS vehicle bearing Registration No. WB08P2122, Chassis No. MZBGC813 MPN069752, Engine No. D4FANM752610 in her favor, inasmuch as she is the rightful owner of the vehicle in question.

2. The brief facts of the case giving rise to the present petition are that on 10.10.2025 the prohibition officials including house guards were stationed at Mohania Police Chauki and were conducting search of vehicle for illicit liquor and during the course thereof, the aforesaid vehicle in question was intercepted, in which five persons were sitting and upon search being made 3.5 litres of illicit liquor was recovered from a bag kept under the middle seat of the said vehicle. Thereafter, Kaimur (Prohibition) Case No. 640 of 2025 dated 11.10.2025 was lodged under Section 30(a), 32(1)(3) and 41(i)(ii) of the Bihar Prohibition Excise Act, 2016 (hereinafter referred to as the “Act, 2016”) against five persons including the husband of the petitioner namely, Abhijit Majumdar.

3. The aforesaid FIR led to initiation of Excise (Vehicle Confiscation) Case No. 362/2025, wherein the learned District Magistrate, Kaimur, Bhabua has passed an order dt. 01.11.2025, levying a penalty of a sum of Rs. 4,97,532/- apart from directing for deposit of further 3% of the penalty amount i.e. a sum of Rs. 14,926/- in the account of Bihar State Beverages Cooperation Limited (hereinafter referred to as “the BSBCL”), for release of the vehicle in question by exercising the powers conferred under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as “the Rules 2023”).

4. The learned counsel for the petitioner has submitted that though the Ld. District Magistrate, Kaimur at Bhabua, by the impugned order dated 01.11.2025 has directed for release of the vehicle in terms of the Rules 12 (A) (II) of the Rules, 2023 on payment of penalty of 50% of the insurance value along with deposit of further 3% of the penalty amount in the account of BSBCL but the same is exorbitant and unreasonable inasmuch as the quantity of liquor recovered from the vehicle is meager i.e. 3.5 litres and moreover, admittedly the petitioner was not traveling in the car at the time of seizure of illicit liquor from the vehicle in question. It is further submitted that neither the petitioner is having any role in the alleged occurrence nor she is having any criminal antecedent, hence a sympathetic view be taken and the vehicle i