Patna High Court
Vikash SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and disposed of the writ petition.
Summary
Vikash Sharma filed a writ petition challenging the Collector-cum-District Magistrate's order dated 18-10-2025 that confiscated his vehicle (registration UP61BL6108) under the Excise (Vehicle Confiscation) proceedings. The petitioner sought liberty to appeal the confiscation order under Section 92 of the Bihar Prohibition and Excise Act, 2016. The High Court examined whether the petitioner could be permitted to file such an appeal despite any limitation concerns. The Court granted the petitioner liberty to file the appeal within three weeks and directed the appellate authority to consider the appeal on its merits without being barred by limitation, and to issue a reasoned order within six weeks. Consequently, the writ petition was disposed of.
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 under the said provision.
Legislation cited
Subjects
- vehicle confiscation
- Bihar Prohibition and Excise Act
- Section 92
- writ petition
- limitation
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.193 of 2026
======================================================
Vikash Sharma S/o Rakesh Sharma, R/o Village Sabuwan, PS Ghazipur,
District Ghazipur, (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. Sub-Inspector of Excise Police Station, Mohania, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Adv.
For the State : Mr. S. Raja Ahmad, AAG-5
Mr. Sahid Siddique, AC to AAG-5
======================================================
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 18.10.2025, passed by the learned
Collector-cum-District Magistrate, Kaimur at Bhabhua in Excise
(Vehicle Confiscation) Case No. 213 of 2025, whereby and
whereunder the learned Collector has passed an order for
confiscation of the vehicle bearing registration no.
UP61BL6108, however at the outset, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to challenge
the said order dated 18.10.2025, passed by the learned
Patna High Court CWJC No.193 of 2026(2) dt.19-01-2026
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Collector-cum-District Magistrate, Kaimur at Bhabhua, 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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