Patna High Court

Santosh KumarversusThe State of Bihar

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

Holding

The High Court granted liberty to the petitioner to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 within four weeks, and disposed of the writ petition on that basis.

Summary

Santosh Kumar filed a writ petition in the Patna High Court seeking to set aside a confiscation order dated 13 June 2025, which seized his Bolero Max pick‑up vehicle on the basis of alleged recovery of illicit foreign liquor. The vehicle was seized under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 in Excise Confiscation Case No. 207/2025. The petitioner’s counsel requested liberty to file an appeal under Section 92 of the same Act within a four‑week period from the date of the order. The Court granted this liberty, directing that if the appeal is filed within the stipulated time, the appellate authority must consider it on merits without being barred by limitation. The Court further ordered that the appellate authority should pass a reasoned order within four weeks of the appeal. Consequently, the writ petition was disposed of on the terms of the granted liberty.

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 for filing such an appeal can be extended by the High Court’s direction.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 92

Subjects

writ petition
confiscation
excise law
section 92 appeal
limitation
vehicle seizure
Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19802 of 2025
                 ======================================================
                 Santosh Kumar S/o Ram Bali Sahni, R/o House No 7, Street No 4, Tibba
                 Road, Gurmail Park, Basti, Jodhewal, Ludhiana, Punjab

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Secretary Excise and Prohibition Department
                 Gov. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Gopalganj, Bihar
           4.    The Superintendent of Police, Gopalganj, Bihar
           5.    The Superintendent of Excise, Gopalganj, Bihar
           6.    The SHO, Excise Gopalganj, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Rajnikant, Adv.
                 For the Respondent/s   :     Mr.Addl. Advocate General 04
                 ======================================================
                 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                 The present writ petition has been filed for setting

                   aside the order of confiscation dated 13.6.2025, passed by the

                   learned Court of Sub-Divisional Magistrate, Gopalganj in

                   Excise Confiscation Case No. 207/2025 as also for directing the

                   Respondents to release the vehicle of the petitioner i.e. Bolero

                   Max Pick-Up bearing Registration No. PB10JE-5463, Chassis

                   No. MA1RA2TTKP1E44722 and Engine No. TTP1E20572,

                   which has been seized on account of registration of Gopalganj

                   Excise P.S.Case No. 29/2025, dated 10.1.2025 under Section
         Patna High Court CWJC No.19802 of 2025(3) dt.16-02-2026
                                                    2/2




                   30(a) and 32 of the Bihar Prohibition and Excise Act, 2016

                   (hereinafter referred to as to “the Act, 2016) on account of

                   recovery of 964.50 liters of illicit foreign liquor from the said

                   vehicle.

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

                   liberty on behalf of the petitioner to challenge the aforesaid

                   order dated 13.6.2025, by filing appropriate appeal under

                   Section 92 of the Act, 2016. Liberty, so sought, is granted.

                   3.      It is needless to state that in case appropriate appeal is

                   filed within a period of four 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.

                   4.      Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                           ( Sunil Dutta Mishra, J)

Ajay/-

U

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