Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court grants liberty to file a revision petition under Section 93 and orders the writ petition disposed.
Summary
The petitioner, Anil Kumar Singh, filed a writ petition challenging two orders: one by the Collector cum District Magistrate, Kaimur, confiscating his vehicle, and another by the Excise Commissioner, Bihar. The petitioner sought liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016, contesting the orders and the requirement to release the vehicle upon payment of a penalty under Rule 12‑A of the Bihar Prohibition and Excise (Amendment) Act, 2023. The Court, after hearing counsel, granted the requested liberty, directing that a revision petition be filed within two weeks and that the revisional authority decide the penalty issue within four weeks. The Court emphasized the need for a reasoned speaking order from the revisional authority. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner is entitled to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 against the orders of the Collector and the Excise Commissioner.
- Whether the vehicle confiscated in the excise case must be released upon payment of the penalty as per Rule 12‑A of the Bihar Prohibition and Excise (Amendment) Act, 2023.
Legislation cited
Subjects
- writ petition
- revision
- excise law
- vehicle confiscation
- penalty
- Rule 12-A
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1496 of 2026
======================================================
Anil Kumar Singh Son of Sri Krishna Singh, Resident of Village-Bawara
Gajipur, P.S.-Khalishpur, District-Gajipur U.P.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary of the Excise Department, Bihar at
Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Kaimur at Bhabua.
4. The Superintendent of Police, Kaimur at Bhabua.
5. The Superintendent of Excise, Kaimur at Bhabua.
6. The Investigating Officer of Excise Police Station Chainpur, District-Kaimur
at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh
For the Respondent/s : Mr.Standing Counsel 1
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 02-02-2026 The present writ petition has been filed challenging
the order dated 18.10.2025 passed by the learned court of
Collector cum District Magistrate, Kaimur at Bhabua in Excise
(vehicle confiscation) Case No. 164/2025 and the order dated
10.12.2025 passed by the learned Commissioner, Excise, Bihar,
Patna in Excise Appeal Case No. 191 of 2025.
2. At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the
aforesaid two orders by filing revision petition under Section 93
Patna High Court CWJC No.1496 of 2026(2) dt.02-02-2026
2/2
of the Bihar Prohibition and Excise Act, 2016. Liberty so sought
is granted.
3. It is needless to state that in case appropriate
revision petition is filed before the revisional authority within a
period of two weeks from today, the revisional authority shall
consider the same in accordance with law, especially the issue
regarding the release of vehicle upon payment of penalty, in
terms of the provisions contained in Rule 12-A of the Bihar
Prohibition and Excise (Amendment) Act, 2023 and pass a
reasoned and a speaking order in accordance with law, within a
period of four weeks, thereafter.
4. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
alok/k.c.jha-
U
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