Patna High Court
Rajiv Kumar @ Rajiv Kumar Rai vs The State Of Bihar on 27 April, 2026
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20431 of 2025
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Rajiv Kumar @ Rajiv Kumar Rai Son of Vashishth Ray, Resident of Village-
Nihasa, P.O. Dumhar Patti, P.S. Pupri, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Prohibition, Excise and Registration
Department, Government of Bihar, Patna.
3. The Excise Commissioner, Prohibition, Excise and Registration Department,
Government of Bihar, Patna.
4. The District Magistrate-cum-Collector, Darbhanga, District- Darbhanga.
5. The Assistant Excise Commissioner, Darbhanga, District- Darbhanga.
6. The Superintendent of Police, Darbhanga, District- Darbhanga.
7. The Station Head Officer, Simri Police Station, District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (04)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date : 27-04-2026
The present writ petition has been filed for directing
the respondent authorities to release the sum of Rs.5,38,000/-,
which has been seized in connection with Simri P.S. Case No.
295 of 2021 dated 17.10.2021, registered under Section 420,
414, 468 and 120(b) of the Indian Penal Code and Section 30(a),
41(i), 41(ii) of the Bihar Prohibition and Excise Act, 2016(as
amended up to date) (hereinafter referred to as the “Act, 2016”),
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against the petitioner and five other accused persons.
02. The brief facts of the case according to the
informant of the present case i.e., the Sub-Inspector of Police,
Simri Police Station, Darbhanga is that on 16.10.2021 at about
22:00 hrs while the informant was posted at Simri Police
Station, he along with other police personnel had left the police
station on Government vehicle for patrolling and when they had
reached NH-57, they saw one truck going from Shobhan to
Muzaffarpur and upon seeing the police vehicle, the driver of
the truck had tried to turn the truck and flee away, however the
truck was intercepted and the driver of the said truck was
apprehended. Thereafter, one Mahindra TUV 300 vehicle
bearing Registration No. BR07PB8445 had arrived near the
truck but upon seeing the police party, the driver tried to turn the
car and flee away. Nonetheless, police personnel had chased the
said vehicle and with the help of the local police station, the said
vehicle was intercepted and apprehended near Kamtol village
and from the said vehicle one female and three male persons
had got down and while they were trying to flee away, they were
apprehended by the police. Upon enquiry, one of the persons
had disclosed his name as Rajiv Kumar i.e., the petitioner
herein. Thereafter, search was made and 1886.4 litre of illicit
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liquor was recovered from the truck while 81 litre of illicit
liqour was recovered from the car apart from recovery of cash to
the tune of Rs.5,38,000/- from the dashboard of the vehicle in
question. On the basis of the said written information of the
informant, Simri P.S. Case No. 295 of 2021 dated 17.10.2021
was registered against the petitioner and others.
03. At the outset, the learned counsel for the petitioner
has submitted that since the respondent authorities have seized
the aforesaid sum of Rs.5,38,000/- in connection with Simri P.S.
Case No. 295 of 2021, hence the petitioner may be permitted to
approach the Collector, Darbhanga for release of the seized cash
amount, in view of the stand taken by the respondents in the
counter affidavit filed in the present case.
04. Per contra, the learned counsel for the respondents
has submitted that a counter affidavit has been filed in the
present case, in response to the query put by this Court vide
order dated 07.04.2026, relevant portion whereof is reproduced
hereinbelow:-
“3. We have gone through the provisions of
Bihar Prohibition and Excise Act, 2016 as
amended up to date as also the Rules framed
thereunder and we find that two pertinent
issues have arisen, i.e.,
(i) as to under what provision of law, the said
sum of Rs.5,38,000/- has been seized and
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(ii) under what provision of law an
application can be made for release of the
said sum of Rs.5,38,000/-.”
05. The learned counsel for the respondents has
submitted by referring to paragraph no. 16, 17 & 19 of the
counter affidavit filed in the present case that the “seized cash”
clearly falls within the ambit of “any other item having bearing
with the case”, as contemplated under Section 56(2)(iv) of the
Act, 2016 and its seizure is fully authorized as also legally
sustainable. It is further submitted that the Act, 2016 gives a
complete statutory mechanism for adjudication, confiscation
and release of seized properties, including cash, through the
competent confiscating authority, namely the Collector or an
officer authorized by him. Reference has been made to a
judgment dated 19.03.2025 rendered by a Coordinate Bench of
this Court in CWJC No. 1717 of 2025 (Pappu Rai Vs. The
State of Bihar and Ors.), paragraph nos. 2 and 3 whereof are
reproduced hereinbelow:-
“2. Grievance of the petitioner is prima-facie
premature in view of Section 56 of Bihar
Prohibition and Excise Act, 2016, which
reads as under:-
“56. Confiscation of Seized Items.-
(1) Notwithstanding anything contained in
Section 57B, whenever an offence punishable
under this Act, is committed, the Collector or
an officer authorized by him may confiscate
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investigating officer.
(2) Such items may include –
(i) any premises or part thereof;
(ii) any animal, vehicle, vessel or
conveyance;
(iii) any liquor or intoxicant;
(iv) any other item having bearing with the
case; Provided, where things as mentioned in
Section 57 are to be destroyed, then the
Collector or an officer authorized by him
need not confiscate the same before their
destruction.
(3) The State Government may issue
necessary direction, guidelines, regulations
and instructions with respect to the mode and
manner of search, seizure, destruction and
confiscation.” Underline supplied.
3. Seizure of the petitioner’s case would fall
under Section 56 (2) (iv), any other item
having bearing with the case. Seizure of cash
in the light of offences under the Excise Act is
required to be investigated and examined
whether seizure of such cash is relating to any
transaction of illicit liquor or not? If the
seizure of amount is not involved for the
offences under Excise Act, in that event,
petitioner is entitled to refund/release of
seized amount. In this regard, liberty is
granted to the petitioner to approach or
invoke appropriate authority/forum at
appropriate stage.”
06. We have heard the learned counsel for the parties
and perused the materials on record and we find that the law
with regard to the issue under consideration is no longer res
integra hence, we deem it fit and proper to grant liberty to the
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petitioner to file appropriate application for release of the seized
cash amount before the learned Collector, Darbhanga and in
case, such an application is filed within a period of four weeks
from today, the learned Collector, Darbhanga shall consider the
same in accordance with law and pass a reasoned and a
speaking order within a period of four weeks, thereafter.
07. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
Anuradha/-
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