Patna High Court
Lokesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted liberty to the petitioner to file an appeal under Section 92 and disposed of the writ petition.
Summary
Lokesh Kumar filed a writ petition challenging an order dated 18‑10‑2025 passed by the District Magistrate, Kaimur, which was issued under Sections 30(a), 32(i)(3) and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 180 litres of illicit liquor. The petitioner sought liberty to file an appeal under Section 92 of the same Act. The Patna High Court granted the requested liberty, directing that the appeal be filed within four weeks and that the appellate authority consider it on merits without being barred by limitation, and to pass a reasoned order within four weeks. Consequently, the writ petition was disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2022 despite any limitation concerns.
Subjects
- writ petition
- prohibition act
- excise
- appeal
- limitation
- civil writ jurisdiction
- liberty to appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1270 of 2026
======================================================
Lokesh Kumar Son of Awadesh Singh Kushwaha, Resident of village Mahuar,
PS Kaimur, District Kaimur Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, Kaimur (Bhabua).
3. The Superintendent of Police, Kaimur (Bhabua).
4. The Superintendent of Prohibition, Kaimur (Bhabua).
5. The Station House Officer, Excise Police Station, Kaimur (Bhabua).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate.
Mr. Sonu Singh, Advocate.
For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 16-02-2026 Though the present writ petition has been filed for
setting aside the order dated 18.10.2025 passed by the learned
District Magistrate, Kaimur at Bhabua in Kaimur Excise P.S.
Case No.541 of 2025 lodged under Sections 30(a), 32(i)(3) and
41(i)(ii) of Bihar Prohibition and Excise (Amendment) Act,
2022 (hereinafter referred to as “Act, 2016) against the
petitioner on account of recovery of 180 litres of illicit country
made liquor from the Mahindra Scorpio vehicle of the petitioner
bearing Registration No. UP64S3686.
2. However, at the outset learned counsel for the
Patna High Court CWJC No.1270 of 2026(3) dt.16-02-2026
2/2
petitioner seeks liberty on behalf of the petitioner to assail the
said order dated 18.10.2025 by filing appropriate appeal under
Section 92 of the Bihar Prohibition and Excise Act, 2016.
3. Liberty so sought is granted.
4. It is needless to state that in case appropriate appeal
is filed by the petitioner within a period of four weeks from
today, the learned Appellate Authority shall examine the same
on merits, without being impeded by the issue of limitation and
pass a reasoned and a speaking order, in accordance with law,
within a period of four weeks, thereafter.
5. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Sunil Dutta Mishra, J)
utkarsh/-ritik/-
U
Checking your session…