On November 19, 2025, Patna High Court delivered ten judgements in The State of Bihar vs. Satya Narayan Ram, Dilip Kumar Rai Vs. Rajendra Agricultural University & Ors., Rambrij Singh vs. The State of Bihar, Radhe Shyam Paswan vs. The State of Bihar and Ors., Rubi Devi vs. The State of Bihar, Shubham Kumar Singh vs. The State of Bihar and Brajesh Kumar Jha vs. The State of Bihar & Ors. besides Sunny Kumar @ Kabir Khan @ Sujit Kumar @ Kabir vs. The Union of India Through N.I.A. New Delhi, Ashraful Alam @ Ishraful Alam @ Fatik vs. The State Through N.I.A., Alamgir Sheikh @ Raju vs. The State Through N.I.A. and Afroz Ansari vs. The State Through N.I.A. which was decided by a common judgement.
In Rubi Devi vs. The State of Bihar & Ors. (2025), Patna High Court's Division Bench of Justices Rajeev Ranjan Prasad and Sourendra Pandey delivered a 4-page long judgement dated November 19, 2025, wherein, it concluded:"In this case, the seizure being wholly illegal, we direct the Superintendent of Police, Buxar and the S.H.O., Rajpur Police Station, Buxar to immediately release the vehicle in favour of the petitioner on submission of the proof of ownership of the vehicle. Such release shall be done within a period of two weeks from today and immediately on submission of the ownership papers by the petitioner. 8. Since we have found that the seizure was illegal, the petitioner would be entitled for cost of litigation which is assessed at Rs.10,000/- (Rupees Ten Thousand) payable by the State to the petitioner within four weeks from today. The cost amount shall be realized from the erring official in accordance with law." The judgement was authored by Justice Prasad.
The other four respondents were:The Director General of Police, Bihar, Excise Commissioner of Bihar, District Magistrate-cum-Collector, Buxar, Superintendent of Police, Buxar and S.H.O. Rajpur Police Station, Buxar.
The petitioner had sought a direction for release of the vehicle, namely, Hero Splendor Plus Motorcycle bearing Registration No. BR09AS4956. The petitioner's counsel drew the attention of the High Court towards the seizure list. It was pointed out that as per the seizure list, a bottle containing 180 ml of English wine was found from the possession of the person who was driving the vehicle. His name was also disclosed in the search and seizure memo. He submitted that even on admitting the seizure list without being prejudiced to the contention of the petitioner, it may be found that what was recovered was 180 ml of English wine from the possession of the rider of the motorcycle. This cannot be said to be an act of transportation of liquor and the vehicle in question could not have been seized on this account. It was also submitted that admittedly in this case, the petitioner being owner of the vehicle was not made accused.
Reliance was placed upon a judgment of the High Court in Basant Pasi vs. The State of Bihar (CWJC No. 9143 of 2024) decided on June 28, 2024 wherein the Court dealt with an identical matter and held that the seizure of vehicle was result of high handedness on the part of the police officer.
The GP-13 for the State did not dispute the seizure list. It was admitted that the seizure list showed recovery of 180 ml of English wine from one Nikhil Pandey.
Justice Prasad observed: "6. Having heard learned counsel for the petitioner and learned GP-13 for the State and on perusal of the records, we find that this case is to be disposed of on admitted facts. The search and seizure memo is on the record which is showing the name of the person from whom seizure has been made and the description of the seized article. According to the seizure list, there is a seizure of one piece 8 PM 180 ml English wine from one Nikhil Pandey, son of Anil Pandey, Resident of Village- Kajaria, P.S.- Rajpur, District- Buxar. It is stated that he being one of the relatives of the petitioner had borrowed the vehicle from the husband of the petitioner in the name of some personal work. In such circumstance, it cannot be said that the vehicle was involved in transportation of liquor. We are quantified in our views by the earlier judgment of this Court in case of Basant Pasi (supra) and Sunaina @ Suneina versus State of Bihar and Ors. reported in 2024 (3) BLJ 163 decided on 30.01.2024."
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