Court holds Bihar Prohibition & Excise Act, 2016 inapplicable in Jharkhand; vehicle to be released if no confiscation proceedings are initiated, subject to conditions.
In a significant judgment dated September 14, 2026, the Jharkhand High Court, presided over by Justice Anil Kumar Choudhary, ruled in favor of Ritesh Pradhan, ordering the conditional release of his seized commercial vehicle involved in a case of alleged illegal liquor transportation. The Court found that the Sessions Judge of Bokaro had committed a grave legal error by relying on the Bihar Prohibition & Excise Act, 2016, which does not apply to the State of Jharkhand post its creation in 2000.
The case originated from Pindrajora Police Station Case No. 18 of 2026, where the petitioner's commercial pick-up vehicle, bearing registration JH-05-DF-9463, was seized for allegedly transporting 145 cartons of ANP Premium Whisky without authorization. The petitioner, who claimed ownership of the vehicle, sought its release citing its commercial use and the risk of deterioration due to prolonged exposure.
Initially, the Judicial Magistrate-1st Class, Bokaro, rejected the release petition after noting that police had sent a requisition for confiscation of the vehicle to the Deputy Commissioner. The Sessions Judge later upheld this order, relying on the Bihar Prohibition & Excise Act, 2016, to dismiss the petitioner's revision plea.
However, the High Court clarified that the Bihar Prohibition & Excise Act is a statute confined to the State of Bihar and does not extend to Jharkhand, which was carved out of Bihar under the Bihar Reorganization Act, 2000. The Court held that the Sessions Judge's reliance on this Act was a serious legal misstep.
Addressing the core issue, the High Court directed the trial court to ascertain from the Deputy Commissioner whether formal confiscation proceedings against the vehicle have been initiated. If no such proceedings are underway, the Court mandated the vehicle's release upon the petitioner furnishing an indemnity bond of Rs. 9,00,000/- with two solvent sureties. Additionally, the petitioner must undertake not to sell, mortgage, transfer, or tamper with the vehicle's identification during the pendency of the case and comply with any other conditions imposed by the trial court.
This judgment underscores the necessity for courts to apply the correct jurisdictional laws, particularly in cases involving state-specific statutes, and safeguards the property rights of accused persons pending trial.
Bottom Line:
Seizure and release of vehicle used for alleged illegal transport of liquor - Sessions Judge committed grave illegality in relying upon Bihar Prohibition & Excise Act, 2016 in State of Jharkhand - If confiscation proceeding has not been initiated, seized vehicle is to be released on conditions.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Bharatiya Nyaya Sanhita, 2023 Sections 270, 271, 292, 338, 336(3), 340(2), 3(5), Excise Act, 2015 Sections 47(a), 52, 55, Bihar Prohibition & Excise Act, 2016 (not applicable in Jharkhand)
Ritesh Pradhan v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2983451
