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Patna High Court

Biteshwar Nath PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to liberty to file an appeal under section 92 of the Bihar Prohibition and Excise Act, 2016 and that the auction of the vehicle must be stayed pending the appeal.

Summary

The petitioner, Biteshwar Nath Pandey, challenged an order dated 25‑10‑2025 of the Collector‑cum‑District Magistrate, Kaimur, which directed the confiscation and auction of his Mahindra XUV 500 vehicle under the Bihar Prohibition and Excise Act, 2016. The order was based on sections 30(a), 32(1)(3) and 41(i)(ii) of the Act, alleging the vehicle belonged to an unknown absconder in a prohibition case. The petitioner sought liberty to file an appeal under section 92 of the same Act and requested a protective stay on the auction. The State argued that the auction had not yet occurred and did not oppose the filing of an appeal. The Court granted the petitioner liberty to appeal within two weeks, ordered that the appellate authority consider the appeal on merits without regard to limitation, and stayed any auction of the vehicle pending the appeal. 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, 2016 against the confiscation order.
  • Whether a stay on the auction of the confiscated vehicle should be granted pending the appeal.
  • Whether the limitation period can be condoned for the appeal.

Legislation cited

Subjects

  • writ petition
  • vehicle confiscation
  • Bihar Prohibition and Excise Act
  • section 92 appeal
  • stay of auction
  • limitation condonation
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1738 of 2026
                 ======================================================
                 Biteshwar Nath Pandey, s/o Late Gorakh Nath Pandey, R/o Old Police Line,
                 M.P. Bagh Ara, P.S.-Nawada, District-Bhojpur, Bihar.

                                                                               ... ... Petitioner/s
                                                     Versus
                 1. The State of Bihar through the Principal Secretary, Excise Department,
                    Bihar, Patna.
                 2. The Secretary (Liquor Prohibition and Excise), Government of Bihar,
                    Patna.
                 3. The Collector-Cum-District Magistrate, Kaimur, Bhabhua.
                 4. The Superintendent of Police, Kaimur, Bhabhua.
                 5. The Excise, Superintendent, Kaimur, Bhabhua.
                 6. The S.H.O. Excise P.S., Kaimur, Bhabhua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Gaurav Prakash, Advocate
                 For the Respondent/s    :       Mr. Standing Counsel (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026                   The present writ petition has been filed challenging

                   the order dated 25.10.2025 passed by the learned court of

                   Collector-cum- District Magistrate, Kaimur at Bhabhua in

                   Excise (Vehicle Confiscation) Case No. 361 of 2025 arising out

                   of Kaimur (Prohibition) Case No. 547 of 2025 dated

                   01.09.2025, registered under Sections 30 (a), 32(1) (3) and 41

                   (i) (ii) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

                   referred as to as “the Act, 2016”) against unknown absconder

                   and unknown owner of the vehicle in question, whereby and
Patna High Court CWJC No.1738 of 2026(2) dt.23-02-2026
                                            2/3




          whereunder        Mahindra XUV 500 vehicle of the petitioner

          bearing     Registration       No.      BR01PJ   2359,   Chassis   No.

          MA1YU2HHUJ6B15320 and Engine No. HHJ-4B23427 has

          been directed to be confiscated and it has also been directed that

          the said vehicle be auctioned sold.

                      2. At the outset, the learned counsel for the petitioner

          seeks liberty on behalf of the petitioner to challenge the

          aforesaid order dated 25.10.2025 passed by the learned

          Collector-cum- District Magistrate, Kaimur at Bhabua in Excise

          (Vehicle Confiscation) Case No. 361 of 2025 arising out of

          Kaimur (Prohibition) Case No. 547 of 2025 by filing

          appropriate appeal under Section 92 of the Act, 2016, however

          submits that in the meantime some protection be granted.

                      3. Per contra, the learned counsel for the respondent-

          State has submitted that the auction of the vehicle in question

          has not yet taken place as per the oral instructions received by

          him and he is not averse to the idea of the petitioner filing

          appropriate appeal against the aforesaid order dated 25.10.2025.

                      4. Having regard to the facts and circumstances of the

          case, we grant liberty to the petitioner to file appropriate appeal

          under Section 92 of the Act, 2016 against the aforesaid order

          dated 25.10.2025 passed by the learned court of the Collector-
          Patna High Court CWJC No.1738 of 2026(2) dt.23-02-2026
                                                      3/3




                    cum-District Magistrate, Kaimur at Bhabua and in case such an

                    appeal is filed within a period of two weeks from today, the

                    appellate authority shall consider 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. It is needless to state that in case appropriate appeal

                    is filed within a period of two weeks from today, the respondent

                    authorities shall not auction sale the vehicle in question till a

                    final decision is taken in the appeal to be filed by the petitioner,

                    in case the vehicle in question has not already stood auctioned.

                                6. Accordingly, the present writ petition stands

                    disposed of on the aforesaid terms.



                                           (Mohit Kumar Shah, J)


                                            (Alok Kumar Pandey, J)

amitkumar/alok

U


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