Durga Prasad Gupta v. The State of Bihar

Patna HC7 Jul 2026CWJC/5383/2026

Case brief

AI extract

What is this about?

CWJC 5383 of 2026, Patna High Court, decided 07-07-2026 (Rajeev Ranjan Prasad & Kumar Manish, JJ.). Release of vehicle BR02BH5360 seized 13.10.2025 under Bihar Prohibition and Excise Amendment Act, 2022; Bankeybazar P.S. Case No. 147/2025; District Magistrate, Gaya directed to decide Annexure 'P-4' request dated 12.02.2026 within a week; penalty to be fixed per Rule 12(A), Bihar Prohibition and Excise Rules, 2026; writ application disposed of.

What did the court decide?

Direction to the District Magistrate, Gaya to pass an appropriate order on Annexure 'P-4' (petitioner's request dated 12.02.2026) immediately within a week in accordance with law, fixing the penalty keeping in view the factors under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2026. ¶¶22

Durga Prasad Gupta Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be commanded to release the petitioner's vehicle (Registration No. BR02BH5360) seized on 13.10.2025 for alleged violation of the Bihar Prohibition and Excise Amendment Act, 2022 in Bankeybazar P.S. Case No. 147/2025. +1 more

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Court's answer

The penalty amount for release of the vehicle 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); the petitioner indicated readiness to pay the penalty.

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Ratio / Principle

Since the petitioner had already filed a written request before the District Magistrate, Gaya on 12.02.2026, there was no reason for the District Magistrate to sit over the matter for about five months.

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Key takeaways

The District Magistrate, Gaya (respondent no. 2) was directed to pass an appropriate order on Annexure 'P-4' immediately within a week, in accordance with law.ratio¶¶21

Detailed headnote1 paragraphs

Patna High Court (Rajeev Ranjan Prasad and Kumar Manish, JJ.; order per Rajeev Ranjan Prasad, J) disposed of a writ application by Durga Prasad Gupta seeking release of his vehicle (Registration No. BR02BH5360) seized on 13.10.2025 for alleged violation of the Bihar Prohibition and Excise Amendment Act, 2022 in Bankeybazar P.S. Case No. 147/2025. Observing that the petitioner's written request dated 12.02.2026 (Annexure 'P-4') had been pending before the District Magistrate, Gaya for about five months, the Court held there was no reason for such delay and directed the District Magistrate to pass an appropriate order on Annexure 'P-4' immediately within a week, in accordance with law, fixing the penalty keeping in view the factors under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2026 (as amended up-to-date), the petitioner expressing readiness to pay the penalty.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5383 of 2026

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Durga Prasad Gupta Son of Lalchand Sav, Resident of Village- Sobri, P.O.Barakala P.S.- Imamganj, District- Gaya (Bihar).

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... ... Petitioner

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Versus

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The State of Bihar through the Home Secretary, Government of Bihar, Patna.

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The District Magistrate, Gaya.

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The Superintendent of Police, Gaya.

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The Officer-In-Charge, Bankeybazaar Police Station, District - Gaya.

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... ... Respondents

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====================================================== 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

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

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

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2. Petitioner in the present writ application is seeking

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the following reliefs:-

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"(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."

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3. It appears from the perusal of the records that the

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Patna High Court CWJC No.5383 of 2026(2) dt.07-07-2026 2/2

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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.

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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).

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5. This writ application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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(Kumar Manish, J)

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ritwika/-

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Durga Prasad Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Durga Prasad Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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