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Patna High Court

Durga Prasad GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ is disposed, directing the District Magistrate to pass an appropriate order for release of the vehicle and fix any penalty as per the applicable rules.

Summary

Durga Prasad Gupta filed a writ petition seeking the release of his company's vehicle (Reg. No. BR02BH5360) seized on 13-10-2025 for alleged violation of the Bihar Prohibition and Excise Amendment Act, 2022. He had earlier submitted a written request to the District Magistrate, Gaya, on 12-02-2026, but the magistrate had not acted for about five months. The High Court noted the undue delay and directed the District Magistrate to pass an appropriate order within a week, fixing any penalty in accordance with Rule 12(A) of the Bihar Prohibition and Excise Rules, 2026. The petitioner expressed willingness to pay the penalty. The court disposed of the writ application, ordering the magistrate to act promptly.

Issues considered

  • Whether the District Magistrate's delay in ordering the release of the seized vehicle is justified.
  • Whether the petitioner is entitled to relief for the release of the vehicle seized under the Bihar Prohibition and Excise Amendment Act, 2022.
  • What penalty, if any, should be imposed under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2026.

Legislation cited

Subjects

  • vehicle seizure
  • Bihar Prohibition and Excise Act
  • writ jurisdiction
  • district magistrate
  • penalty determination
  • Rule 12(A)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5383 of 2026
                 ======================================================
                 Durga Prasad Gupta Son of Lalchand Sav, Resident of Village- Sobri, P.O.-
                 Barakala P.S.- Imamganj, District- Gaya (Bihar).
                                                                             ... ... Petitioner
                                                     Versus
           1.     The State of Bihar through the Home Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Gaya.
           3.    The Superintendent of Police, Gaya.
           4.     The Officer-In-Charge, Bankeybazaar Police Station, District - Gaya.
                                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Abhishek Anand, Advocate
                                                  Mrs. Madhuri Kumari, Advocate
                 For the Respondent/s   :         Mr. Binod Kumar Yadav, SC 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   07-07-2026                   Heard learned counsel for the parties.

                                 2. Petitioner in the present writ application is seeking

                   the following reliefs:-

                                            "(I) For commanding the respondents to
                                            release the vehicle of the petitioner company
                                            having    Registration    No.   BR02BH5360,
                                            seized on 13.10.2025 for alleged violation of
                                            the provisions of Bihar Prohibition and
                                            Excise Amendment Act, 2022 by the accused
                                            in Bankeybazar P.S. Case No. 147/2025.
                                            (II) For any other relief/reliefs that the
                                            petitioner is entitled for."


                                 3. It appears from the perusal of the records that the
            Patna High Court CWJC No.5383 of 2026(2) dt.07-07-2026
                                                        2/2




                      petitioner has already filed a request in written format before the

                      District Magistrate, Gaya (respondent no.2) as back as on

                      12.02.2026. If it is so, there is no reason as to why the District

                      Magistrate would be sitting over the matter for about five

                      months by now.

                                  4. The District Magistrate, Gaya (respondent no. 2) is

                      directed to pass an appropriate order on Annexure 'P-4'

                      immediately within a week, in accordance with law. The

                      petitioner is ready to pay the penalty. The penalty amount shall

                      be fixed by the District Magistrate keeping in view the factors

                      provided under Rule 12(A) of the Bihar Prohibition and Excise

                      Rules, 2026, (as amended up-to-date).

                                  5.    This     writ    application   stands   disposed   of

                      accordingly.



                                           (Rajeev Ranjan Prasad, J)


                                                 (Kumar Manish, J)
ritwika/-

U


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