Patna High Court

Musheer MiyanversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH SUNIL DUTTA MISHRA

Holding

The Court granted liberty to file a revision petition within two weeks and stayed the auction of the vehicle pending the revision.

Summary

The petitioner, Musheer Miyan, filed a writ petition challenging a confiscation order and a subsequent appellate order under the Bihar Prohibition and Excise Act, 2016. The petitioner sought liberty to file a revision petition under Section 93 of the Act against the appellate order. The Court granted the liberty, directing that a revision petition be filed within two weeks and that the revisional authority decide the matter on merits without limitation issues, delivering a reasoned order within four weeks. The Court also ordered that the petitioner's vehicle not be auctioned until the revision petition is disposed of, provided it is filed within the stipulated period. Accordingly, 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 appellate order
Whether the limitation period can be condoned for filing the revision petition
Whether the auction of the confiscated vehicle can be stayed pending the outcome of the revision petition

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 93

Subjects

writ petition
revision petition
limitation
auction stay
excise law
Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.19519 of 2025
                 ======================================================
                 Musheer Miyan Son of Shamim Akhtar, Resident of House No.286, Gali
                 No.5, New Mustafabad, Rajiv Gandhi Nagar, North East-Delhi-110094.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Excise, Prohibition and
                 Registration Department, Government of Bihar, Patna.
           2.    The Commissioner Excise Department, Govt. of Bihar, Patna.
           3.    The Deputy Secretary, Excise Department, Government of Bihar.
           4.    The Collector-cum-District Magistrate, Saran, Chapra.
           5.    The Deputy Collector, Land Reforms Department, Madaura, Saran
           6.    The Superintendent of Police, Saran, Chapra.
           7.    The Inspector, Bheldi Police Station, Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Swami Parth Sarthy, Advocate
                 For the Respondent/s   :      Government Advocate (8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   16-02-2026            Though the present writ petition has been filed

                   challenging the order dated 01.07.2025 passed by the Deputy

                   Collector Land Reforms, Madaura, Saran in Confiscation Case

                   No. 31 of 2025 as also the appellate order dated 27.08.2025

                   passed by the Commissioner, Excise, Bihar, Patna in Excise

                   Appeal Case No. 122 of 2025, however at the outset, the learned

                   counsel for the petitioner seeks liberty on behalf of the

                   petitioner to challenge the aforesaid appellate order dated
         Patna High Court CWJC No.19519 of 2025(3) dt.16-02-2026
                                                    2/2




                   27.08.2025 by filing appropriate revision petition under Section

                   93 of the Bihar Prohibition and Excise Act, 2016 (hereinafter

                   referred to as the ‘Act, 2016). Liberty, so sought, is granted.

                   2.      It is needless to state that in case appropriate revision

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

                   revisional authority shall examine 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.

                   3.      It is needless to state that in case the vehicle of the

                   petitioner has not been auctioned till date, the same would not

                   be auctioned till the disposal of the revision petition, in case

                   appropriate revision application is filed within a period of two

                   weeks from today.

                   4.      The present writ petition stands disposed off on the

                   aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                           (Sunil Dutta Mishra, J)
S.Sb/-

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