Patna High Court
Krishna SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner may file a revision petition under Section 93 and the vehicle shall not be auctioned pending such filing.
Summary
Petitioner Krishna Sah challenged the confiscation and scheduled auction of his Scorpio vehicle under the Bihar Prohibition and Excise Act, 2016, following orders of the Sub‑Divisional Magistrate and the Commissioner of Excise. He sought liberty to file a revision petition under Section 93 of the Act and a stay on the auction. The State had no objection to these submissions. The Court granted the petitioner permission to file the revision petition within three weeks and ordered that the vehicle not be auctioned if the auction had not yet occurred, directing the revisional authority to pass a reasoned order within six weeks of filing. Consequently, the writ petition was disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 against the Commissioner’s order.
- Whether the High Court can stay the auction of the confiscated vehicle pending the filing of the revision petition.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 93
Subjects
- confiscation
- excise law
- revision petition
- stay of auction
- writ petition
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16275 of 2025
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Krishna Sah, Gender – Male, Son of Baithnatha Sah @ Baithnath Sah,
Resident of Village-Siyari, Ward No. 3, P.S. Nanpur, District-Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise
and Prohibition, Bihar, Patna.
2. The Secretary, Bihar Prohibition and Excise, Government of Bihar, Patna.
3. The Commissioner, Excise, Bihar, Patna.
4. The Collector, Gopalganj.
5. The Sub-Divisional Magistrate, Gopalganj.
6. The Superintendent of Police, Excise, Gopalganj.
7. The Deputy Superintendent of Police, Gopalganj.
8. The District Excise Officer, Gopalganj.
9. The Officer-in-Charge, Kuchaikote Police Station, District-Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Respondent/s : Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 12-01-2026 The present writ petition has been filed seeking to
challenge the order dated 03.04.2025 passed by the Sub-
Divisional Magistrate, Gopalganj in Sub-Divisional
Confiscation (Excise) Case No.106 of 2025 whereby and
whereunder it has been ordered to confiscate the Scorpio vehicle
of the petitioner bearing registration number BR 05 P 6877 and
auction the same as also the order dated 17.06.2025 passed by
Patna High Court CWJC No.16275 of 2025(2) dt.12-01-2026
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the Commissioner, Excise, Bihar, Patna in Excise Appeal Case
No. 79 of 2025 [arising out of Kuchaikote P.S. Case No. 275 of
2024 dated 23.06.2024, registered under Section 30 (a) of the
Bihar Prohibition and Excise Act, 2016 (hereinafter referred to
as ‘the Act, 2016’)].
2. At the outset, the learned counsel for the petitioner
submits that the petitioner be granted liberty to file appropriate
revision petition under Section 93 of the Act, 2016, however the
auction of the vehicle in question be stayed during the
interregnum period.
3. The learned counsel for the respondent-State has
got no objection to the aforesaid submissions advanced by the
learned counsel for the petitioner.
4. Having regard to the facts and circumstances of the
case, we deem it fit and proper to grant liberty to the petitioner
to file appropriate revision petition under Section 93 of the Act,
2016 against the order dated 17.06.2025 passed by the
Commissioner, Excise, Bihar, Patna and in case such revision
petition is filed within a period of three weeks from today, the
vehicle in question shall not be auctioned, if the same has not
already been auctioned, whereafter the revisional authority shall
pass a reasoned and a speaking order, in accordance with law
Patna High Court CWJC No.16275 of 2025(2) dt.12-01-2026
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within a period of six weeks of the filing of the revision petition
by the petitioner.
5. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
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