Abhishek Kumar @ Abhishek Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2751 of 2026 ====================================================== Abhishek Kumar @ Abhishek Kumar Gupta, Male, S/o Satyanarayan Sah, R/o Vill- Purushottampur, P.S- Itarhi, Dist- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise and Prohibition Govt. of Bihar, Patna.

2.

The Director General of Police, Govt. of Bihar, Patna. 3.

The Excise Commissioner of Bihar, Patna.

4.

The District Magistrate-cum-Collector, Buxar. 5.

The Superintendent of Police, Buxar.

6.

The Superintendent of Excise, Buxar.

7.

The S.H.O. Buxar Excise Police Station, Dist.- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Respondent/s :

Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 23-02-2026 The present writ petition has been filed for release of Toyota Urban Cruiser vehicle bearing Registration No. BR 44 R 0648, Chassis No. MA3PYGJ1SNG985824, Engine No. K15BN4299126, which has been seized in connection with Buxar Excise P.S. Case No.180 of 2025 dated 02.05.2025, registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 against the petitioner herein on account of recovery of 22.600 liters of illicit liquor from the said

Patna High Court CWJC No.2751 of 2026(2) dt.23-02-2026 2/2 vehicle in question.

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12 A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023'). Liberty, so sought, is granted.

3. It is needless to state that in case appropriate petition is filed under Rule 12 A of the Rules, 2023 within a period of four weeks from today, the competent authority/authorised officer shall consider the same on merits and pass a reasoned and a speaking order within a period of four weeks, thereafter.

4. Accordingly, present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ( Alok Kumar Pandey, J) GAURAV S./- U