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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8492 of 2025 ====================================================== Dhananjay @ Dhananjay Rai S/o- Bankar, R/o Vill- Daniari, P.S. Treya Sujan, District- Kushinagar, Uttar Pradesh. ... ... Petitioner/s Versus
1. The State of Bihar through Secretary Excise and Prohibition Department Govt. of Bihar, Patna. 2. The Excise Commissioner, Bihar, Patna. 3. The District Magistrate, Gopalganj, Bihar. 4. The Superintendent of Police, Gopalganj, Bihar. 5. The Sub-Divisional Magistrate, Gopalganj, Bihar. 6. The Superintendent of Excise, Gopalganj, Bihar. 7. The SHO, Gopalganj Police Station, Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumit Shekhar Pandey, Advocate For the Respondent/s : Mr.Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 10-07-2025 In the instant petition, petitioner has prayed for the following relief(s):-
“i. For issuance of a writ in the any other appropriate order/orders, direction/directions directing the respondents to reduce the quantum of fine from Rs.4,75,000/- to a lesser amount imposed in the order dated 01.04.2025 passed by respondent no. 5 in
Patna High Court CWJC No.8492 of 2025 dt.10-07-2025 2/3 respect of the vehicle of the petitioner which is a Mahindra Bolero Pik-up Car having Registration No. UP 57AT 6502, Engine No. TNL4K84104 and Chassis No. MA1ZN2TNKL5K17186 which has been seized by the State officials under the Gopalpur P.S. Case No. 67/2024 u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 dated 29.03.2024; And/or ii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.”
2. The petitioner has statutory remedy of appeal before the Appellate Authority under Section 92 of the Bihar Prohibition and Excise Act, 2016 and further Revision before the concerned authority. Without exhausting such remedy, petitioner has rushed to this court. The present writ petition is premature. 3. Accordingly, the writ petition stands disposed of reserving liberty to the petitioner to invoke remedy of appeal before the Appellate Authority. If such appeal is filed under Section 92 of the Bihar Prohibition and Excise Act, 2016, the Appellate Authority is requested to decide the petitioner’s appeal within a reasonable period of time.
While deciding appeal, in the event of filing of any interlocutory application for interim prayer, in that event, the same shall be considered within a period of one week from the date of such application along with memorandum of appeal. Memorandum of appeal shall be
Patna High Court CWJC No.8492 of 2025 dt.10-07-2025 3/3 decided within a period of three months from the date of receipt/production of a copy of this order. ranjan/- (P. B. Bajanthri, J) (S. B. Pd. Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.2025 Transmission Date NA