Patna High Court

Vijay Kumar PatelversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court granted liberty to the petitioner to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, and ordered the appellate authority to consider the appeal on merits without being impeded by limitation.

Summary

Vijay Kumar Patel filed a writ petition in the Patna High Court seeking to set aside an order dated 30 June 2025 passed by the Sub‑Divisional Magistrate, Mohania, which directed the confiscation of his vehicle (registration No. UP65CN1645) under the Bihar Prohibition and Excise Act. The petitioner requested liberty to file an appeal under Section 92 of the same Act, arguing that the order should be reviewed on its merits. The Court examined whether the petitioner could be permitted to file such an appeal despite any limitation concerns. The Bench granted the petitioner's request, allowing him to file the appeal within three weeks and directing the appellate authority to decide the matter on merits within six weeks, without being barred by limitation. The Court also ordered that a reasoned speaking order be issued by the appellate authority. Consequently, the writ petition was disposed of after granting the liberty to appeal.

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 the limitation period can be condoned for filing the appeal.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 92

Subjects

writ jurisdiction
vehicle confiscation
Bihar Prohibition and Excise Act
Section 92 appeal
limitation
liberty to appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.180 of 2026
                 ======================================================
                 Vijay Kumar Patel S/o Mataru Lal, R/o Karnadadi, PS Bhelupur, Distict
                 Varanasi (U.P).

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Commissioner, Excise Dept Patna.
           2.    The District Magistrate cum Collector, Kaimur at Bhabua.
           3.    The Sub-Divisional Officer, Kaimur at Bhabua.
           4.    The Sub-Divisional Officer, Mohania (Kaimur).
           5.    The Superintendent of Police, Kaimur at Bhabua.
           6.    The Superintendent of Excise Department, Kaimur at Bhabua.
           7.    The Station Head of Durgawati Police Station, Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Tribhuwan Narayan, ADv.
                 For the Respondent/s   :      Mr.Addl. Advocate General (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   19-01-2026            Though the present writ petition has been filed for setting

                   aside the order dated 30.6.2025, passed by the learned Sub-

                   Divisional Magistrate, Mohania (Kaimur) in Excise (Vehicle

                   Confiscation) Case No. 41 of 2025, whereby and whereunder

                   the learned Collector has passed an order for confiscation of the

                   vehicle bearing registration no. UP65CN1645, however at the

                   outset, the learned counsel for the petitioner seeks liberty on

                   behalf of the petitioner to challenge the said order dated

                   30.6.2025, passed by the learned Sub-Divisional Magistrate,
         Patna High Court CWJC No.180 of 2026(2) dt.19-01-2026
                                                     2/2




                   Mohania (Kaimur), by filing appropriate appeal under Section

                   92 of the Bihar Prohibition and Excise Act, 2016.

                   2.      Accordingly, we deem it fit and proper to grant liberty to

                   the petitioner to file appropriate appeal under Section 92 of the

                   Bihar Prohibition and Excise Act, 2016 and in case such an

                   appeal is filed within a period of three 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

                   six weeks, thereafter.

                   3.      The present writ petition stands disposed off.


                                          (Mohit Kumar Shah, J)


                                             ( Praveen Kumar, J)

Ajay/-

U

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Tribhuwan Narayan