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
- Bihar Prohibition and Excise (Amendment) Act, 2022
- Bihar Prohibition and Excise Rules, 2026 — s. Rule 12(A)
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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