PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:

1. The present writ petition has been filed for release of four-wheeler Baleno vehicle of the petitioner bearing Registration No. DL-10CK-1123, Chassis No. MBHEWB 22SHL186640 and Engine No. K12MN7154888 in favour of the petitioner.

2. The brief facts of the case are that the police personnel and excise officials, belonging to Chausa Janch Chauki, Buxar were checking vehicles coming from Uttar Pradesh in the afternoon of 03.12.2025 and at about 9.25 pm, one Baleno car bearing Registration No. DL-10CK-1123 was coming from the side of Uttar Pradesh, which was stopped and search was made, leading to recovery of one liter of illicit beer. In the said car, four persons including the brother of the petitioner was sitting, however the petitioner was not present in the car. The vehicle and the illicit beer were seized by the police personnel, leading to registration of Buxar Excise P.S. Case No. 499 of 2025, dated 03.12.2025 under Section 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018 and 2022, against the said four persons.

3. The learned counsel for the petitioner submits that meager quantity of one liter of illicit beer has been recovered from the vehicle in question as also the petitioner was not present in the said car and the same was being driven by the brother of the petitioner, hence the petitioner is not having any complicity in the matter, thus a lenient view be taken and the vehicle in question be released upon payment of reasonable penalty.

4. Per contra, the learned counsel for the Respondent-State submits that since illicit beer has been recovered from the car in question, the same has been seized and the FIR has been lodged as also confiscation proceeding has been initiated, however the learned counsel for the Respondent-State has not denied the fact that meager quantity, i.e. one liter of illicit beer has been recovered from the car in question and there is no material, which has been brought on record in the counter affidavit, filed by the Respondent-State to show that either the vehicle in question was being regularly used for transporting illicit liquor or the petitioner is an accused in such similar type of cases.

5. A bare perusal of Rule 12A (2) of the Rules, 2023 would show that while imposing penalty, the quantity of intoxicant recovered is also required to be considered. Nonetheless, at this juncture we would like to refer to an order dated 26.11.2025, passed by a coordinate Bench of this Court in CWJC No.14928 of 2025 (Rakesh Kumar Singh vs. the State of Bihar & Ors), wherein it has been held as under:-'

"In absence of any specific ground that the vehicle was in regular use for transportation of liquors or that the owner of the vehicle was found involved in transportation of the liquors and/or there are multiple cases of similar nature against the owner or the vehicle, imposition of the penalty to the extent of 75 per cent of the insured value is an onerous condition and it amounts to virtually creating a situation where huge hardship may be caused to an owner of the vehicle in getting release of the vehicle."

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMjc5MSMyMDI2IzEjTg==-Hl1S0VEpzKk=)

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