Dismissed¶27

Mukesh Kumar v. The State of Bihar

Patna HC6 May 2026CWJC/5104/2026

Case brief

AI extract

What is this about?

CWJC No. 5104 of 2026, Patna High Court, decided 06-05-2026 (Rajeev Ranjan Prasad & Soni Shrivastava, JJ.) - Writ petition for release of excise-seized vehicle UP57BT7015 (Excise P.S. Case No. 540 of 2025, registered 02.09.2025, Ss. 30(a) & 32, Bihar Prohibition and Excise Amendment Act 2022) and reduction of S.D.O. Gopalganj fine to Rule 12A minimum penalty (10% of insured value, Rs. 73,670) DISMISSED; 1343.400 litres illicit liquor seized from vehicle in transit; writ jurisdiction not exercised.

What did the court decide?

Considering that 1343.400 litres of illicit liquor were said to have been seized from the vehicle involved in its transportation, the Court was not inclined to exercise its extraordinary writ jurisdiction to interfere with the impugned order. ¶26

Mukesh Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5104 of 2026

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====================================================== Mukesh Kumar, S/o-Dhurup Prasad, R/o-Hafua Jeewan, P.S- Taryasujan, District- Kusshinagar (U.P)

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... ... Petitioner

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Versus

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The State of Bihar Through, Secretary Department of Excise, Bihar Patna.

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The District Magistrate, Gopalganj.

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The Superintendent of Police, Gopalganj.

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The S.H.O Excise P. S, District Gopalganj

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Ashish Kumar Jha, Advocate Mr. Deepankar Raj, Advocate For the Respondents : Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

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2 06-05-2026

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Heard learned counsel for the petitioner and learned

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AC to AAG-5 for the State.

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2. The petitioner in the present writ application is

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seeking the following reliefs:-

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“i. For directing and commanding the respondent authorities to release the vehicle, bearing Registration No.-UP57BT7015, Engine No.TTR1C28418 and Chassis No.MA1ZN2TTKR1C36472 in favour of the petitioner which has been seized in connection with Excise P.S. Case No. 540 of 2025 registered on 02.09.2025 under Section 30(a) and 32 of Bihar Prohibition and Excise Amendment Act 2022 and further prayer of the petitioner is to rectify the amount fined by S.D.O. Gopalganj and

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Patna High Court CWJC No.5104 of 2026(2) dt.06-05-2026

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2/2

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further prayer of the petitioner is to impose the minimum penalty according to 12A of Bihar Prohibition and Excise Act-2016, i.e., 10% of the insured value which is equivalent to 73,670.

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ii. For directing and commanding the respondent authorities to release the vehicle in the favour of the petitioner on the ground that the petitioner is the owner of the said vehicle and same is lying under open sky in the police station as nobody is there to take care of the vehicle.

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iii. For directing and commanding the respondent authorities to rectify the amount under Rule-12A of Bihar Prohibition and Excise Amendment Act2022.

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iv. For issuance of any other relief or relief(s) for which the petitioner is entitled for.”

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3. Considering that 1343.400 liters of illicit liquors are

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said to have been seized from the vehicle involved in transportation of the same, we are not inclined to exercise our extraordinary writ jurisdiction to interfere with the impugned order.

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4. The writ application is dismissed.

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(Rajeev Ranjan Prasad, J)

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( Soni Shrivastava, J)

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SUSHMA2/-

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Mukesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. The State of Bihar

Case brief

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