Bihar Prohibition & Excise Act Not Applicable: Jharkhand High Court Sets Aside Reliance On Bihar Law In Vehicle Seizure Case
The Jharkhand High Court has held that the Bihar Prohibition & Excise Act, 2016, being a State legislation applicable to Bihar, cannot be applied to proceedings in Jharkhand.
A Single Judge Bench of Justice Anil Kumar Choudhary was hearing a petition filed by the owner of a commercial pick-up vehicle seized in connection with Pindrajora P.S. Case No. 18 of 2026 for allegedly transporting 145 cartons containing 750 ml bottles of liquor.
The petitioner had sought release of the vehicle, but the Judicial Magistrate, Bokaro rejected the application after noting that a requisition had been sent to the Deputy Commissioner for initiation of confiscation proceedings. The Sessions Judge, Bokaro subsequently dismissed the petitioner's criminal revision, relying upon the provisions of the Bihar Prohibition & Excise Act, 2016 and holding that a vehicle used for carrying illicit liquor was liable to confiscation and that the criminal court's jurisdiction over such property was barred.
The petitioner challenged the orders before the High Court, submitting, inter alia, that no confiscation proceeding had actually been initiated and that continued detention of the vehicle, which had been purchased through finance for commercial purposes, would result in its deterioration.
The High Court found that the Sessions Judge had committed a grave illegality in relying upon the Bihar Prohibition & Excise Act, 2016. The Court observed:
“It is pertinent to mention here that the provisions of the Bihar Prohibition & Excise Act, 2016; which is a State Act of Bihar having been extending to the whole State of Bihar as per Section 1(2) of the said Act. Certainly, the provisions of the said Act having been enacted after reorganization of the State of Bihar in the year 2000 by Bihar Reorganization Act, is not applicable to the State of Jharkhand. Hence, certainly the learned Sessions Judge, Bokaro has committed a grave illegality by relying upon the provisions of the Bihar Prohibition & Excise Act, 2016.”
The Court noted that both the Magistrate and Sessions Judge had rejected release of the vehicle on the premise that confiscation proceedings were contemplated. However, the petitioner's case before the High Court was that no such proceeding had in fact been initiated.
Accordingly, the High Court directed the Judicial Magistrate, Bokaro to obtain a report from the Deputy Commissioner on whether confiscation proceedings had been initiated in respect of the vehicle.
The Court further directed that if no confiscation proceeding had been initiated, the vehicle bearing registration no. JH-05-DF-9463 be released in favour of the petitioner, subject to the conditions imposed by the Court.
The petition was accordingly disposed of.
Case: Ritesh Pradhan v. State of Jharkhand.
Case No.: Cr.M.P. No. 2579 of 2026
Appearance: For the Petitioner – Mr. Girish Mohan Singh, Advocate. For the State – Mr. Abhay Kr. Tiwari, Addl. P.P.