RAHUL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GA-3 for the State of Bihar.

(2.) The petitioner in this case is aggrieved by and dissatisfied with the order of confiscation of the vehicle Maruti Suzuki Car bearing Registration No. JH 09AH-6413, Chassis No. MA3CZF635HH162232, Engine No. K12MN2239780 passed by the Sub-Divisional Magistrate, Bhabhua (Kaimur) in Excise (Vehicle Confiscation) Case No. 246 of 2025. The appeal preferred before the Excise Commissioner, Bihar, Patna also failed in Excise Appeal No. 132 of 2025. The said vehicle has been seized in connection with Bhabhua Excise P.S. Case No. 214 of 2025.

(3.) Learned counsel for the petitioner submits that in this case, the petitioner has no criminal antecedent of like nature. In the present case, he had been enlarged on bail taking note of the fact that he has no criminal antecedent. In such circumstance, it is submitted that the ratio of the judgment of this Court in case of Manjeet Kumar Yadav Vs. The State of Bihar and Others (CWJC No. 10126 of 2025) would be fully applicable in this case. It is his submission that the vehicle in question having been allegedly found transporting liquor for the first time may be ordered to be released keeping in view the spirit of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended up to date) (hereinafter referred to as the 'Rules of 2021 (as amended)').