IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 20978 of 2025 ======================================================

Arun Kumar Thakur S/o Rajendra Thakur, Resident of Vill-Newari, P.O.-

Pachbhinda, P.S.-Taraiya, Dist-Saran at Chhapra.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Saran at Chhapra.

3. The Superintendent of Police, Saran at Chhapra.

4. The S.H.O. Taraiya, Dist.-Saran at Chhapra.

5. The District Magistrate, Bettiah, West Champaran.

6. The Superintendent of Police, Bettiah, West Champaran.

7. The S.H.O. Nautan, Dist.-Bettiah, West Champaran.

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

Appearance :

For the Petitioner/s : Mr.Rananjay Kumar, Advocate For the State : Mr. Ajay Behari Sinha, GA8 ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 16-02-2026 The present writ petition has been filed for release of motorcycle of the petitioner bearing Registration No. BR 06 AY 6607, Chassis No.- MBLHA10CGHHA63890, Engine No.-

HA10ERHHA63643.

2. The brief facts of the case, according to the petitioner, are that the motorcycle of the petitioner (Splendor Plus) bearing Registration No.- BR 06 AY 6607 was stolen on 13.09.2024 at about 02:00 pm leading to registration of Taraiya P.S. Case No.

369 of 2024 dated 15.9.2024 under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). It appears that subsequently the said motorcycle was seized in connection with one Nautan P.S. Case No. 231 of 2025 dated 22.05.2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act, 2016’) against one Bittu Kumar on account of recovery of

7.92 liters of illicit foreign liquor from the said motorcycle.

3. The learned counsel for the petitioner submits that a bare perusal of the counter affidavit filed in the present case on behalf of the Senior Superintendent of Police, Saran would show that the case bearing Taraiya P.S. Case No. 369 of 2024, filed by the petitioner in connection with theft of his motorcycle has been found to be true under Section 303(2) of the BNS during investigation and supervision of the said case by the Investigating Officer, whereafter the final form has also been submitted by the Sub-Divisional Police Officer, Madhaura-2, Saran on 31.01.2026 finding the case to be true against unknown accused persons, however, without any clue. Thus, it is submitted that since the motorcycle of the petitioner was seized in connection with Nautan P.S. Case No. 231 of 2025 under Section 30(a) of the Act, 2016 on 22.05.2025 which is much later than the day on which the motorcycle of the petitioner was stolen, it cannot be said that either the petitioner was engaged in ferrying of illicit liquor or the petitioner is in any way directly or indirectly involved in the occurrence in question and moreover, he has also not been made an accused in the said excise case FIR. It is further submitted that since the petitioner has got no role to play in the alleged occurrence, he cannot be saddled with the liability of either payment of penalty or confiscation proceedings.

4. Per contra, the learned counsel for the respondent-State has though not denied the fact that the motorcycle of the petitioner was stolen, whereafter the same has been seized in connection with an excise case FIR and that the police authorities have also found the case of theft of motorcycle of the petitioner to be true, however it is submitted that the petitioner can avail the facility of filing an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules, 2023’) for release of the vehicle upon pa