Patna High Court
Guddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted the petitioner liberty to file an appeal under Section 92 and stayed the auction of the seized vehicles pending the appeal.
Summary
Guddu Chaudhary filed a writ petition seeking the release of his seized Pulsar motorcycle and Vivo mobile, which were confiscated under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The Sub‑Divisional Officer had earlier ordered confiscation and auction of the vehicles on 18‑02‑2025 without giving any notice to the petitioner. The petitioner argued that the order was passed behind his back and requested permission to challenge it by filing an appeal under Section 92 of the same Act. The High Court granted liberty to file such an appeal within four weeks and directed that the vehicles not be auctioned until the appeal is finally decided. The court further ordered that the appeal, if filed within the stipulated period, will be heard on merits and a reasoned order will be delivered within four weeks. The writ petition was disposed of on these terms.
Issues considered
- Whether the confiscation order passed without notice is legally valid under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner is entitled to file an appeal under Section 92 of the Act.
- Whether a stay on the auction of the seized vehicles is appropriate pending the appeal.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 92
Subjects
- seizure
- confiscation
- motor vehicle
- excise law
- writ petition
- stay order
- appeal
- Section 30
- Section 92
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17685 of 2025
======================================================
Guddu Chaudhary Son of Dharmendra Chaudhary, resident of Village-Rasen,
P.S.-Rajpur, District-Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Excise Department, Govt. of
Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Buxar.
3. The Excise Commissioner of Bucar, x
4. The District Magistrate cum Collector, Buxar.
5. The Superintendent of Police, Buxar.
6. The Superintendent of Excise, Buxar.
7. The Officer in Charge Rajpur Police Station, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
Ms. Priya, Advocate
For the Respondent/s : Mr. Ajay Kumar, A.C. to G.P.4
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 22-01-2026 The present petition has been filed by the petitioner
for release of Pulsar motorcycle bearing Registration No.
BR24AM7854 and Vivo V29 mobile which have been seized in
connection with Rajpur P.S. Case No. 180 of 2024 dated
13.06.2024 registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
2. At this juncture, the learned counsel for the
respondent-State has referred to the counter-affidavit filed in the
Patna High Court CWJC No.17685 of 2025(3) dt.22-01-2026
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present case to show that the learned Court of Sub-Divisional
Officer, Buxar Sadar has already passed the final order dated
18.02.2025 in Case No. 104/2024/277/2024 whereby and
whereunder an order for confiscating the motorcycle of the
petitioner and other vehicles has been passed and it has also
been ordered that the said vehicles be put on auction sale.
3. In response, the learned counsel for the petitioner
submits that no notice was given to the petitioner and behind his
back the aforesaid order dated 18.02.2025 has been passed,
hence the petitioner be granted liberty to challenge the same by
filing appeal under Section 92 of the Bihar Prohibition and
Excise Act, 2016. Liberty, so sought, is granted.
4. It is needless to stated that in case appropriate
appeal is filed within a period of four weeks from today before
the appellate authority, the same shall be considered on merits
and a reasoned and a speaking order shall be passed thereon in
accordance with law within a period of four weeks, thereafter.
However, it is clarified that in case the petitioner files
appropriate appeal within a period of four weeks from today, the
vehicle in question shall not be auctioned till the final disposal
of the appeal.
5. Accordingly, the present writ petition stands
Patna High Court CWJC No.17685 of 2025(3) dt.22-01-2026
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disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
shivam/-
U
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