Patna High Court
Kamlesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The High 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 application.
Summary
The petitioner, Kamlesh Paswan, filed a petition under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 seeking the release of a confiscated Innova car. The Sub‑Divisional Magistrate, Mohania, rejected the petition on 30‑06‑2025. The petitioner then moved the Patna High Court for liberty to appeal the magistrate's order. The Court, noting no objection from the State and the need to avoid a limitation bar, granted the petitioner liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 within three weeks, and ordered that the appeal be decided on merits within six weeks. Consequently, the writ application was disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal against the Sub‑Divisional Magistrate's order rejecting the petition under Rule 12(A).
- Whether the appeal can be filed without being barred by limitation.
- Whether Section 92 of the Bihar Prohibition and Excise Act, 2016 provides the appropriate remedy.
Legislation cited
Subjects
- Excise
- Vehicle confiscation
- Appeal
- Limitation
- Section 92
- Rule 12(A)
- High Court
- Writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20922 of 2025
======================================================
Kamlesh Paswan S/o Baristar Paswan, R/o Village-Akodhi, P.S. Mohania,
District Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner, Excise Department, Patna.
2. The Collector cum District Magistrate, Kaimur at Bhabua.
3. Sub-Divisional Officer, Bhabua, Kaimur at Bhabua.
4. Sub-Divisional Officer, Mohania, Kaimur at Bhabua.
5. The Superintendent of Police, Kaimur at Bhabua.
6. The Superintendent of Excise Prohibition, Kaimur at Bhabua.
7. The Station Head Officer, Ramgarh Police Station, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv.
For the Respondent/s : Mr. Additional Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 12-01-2026 At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the
order dated 30.06.2025, passed by the Sub-Divisional
Magistrate, Mohania (Kaimur) in Excise (Vehicle
Confiscation) Case No. 39 of 2025, whereby and whereunder
the petition filed by the petitioner under Rule 12(A) of the
Bihar Prohibition and Excise (Amendment) Rules, 2023 for
release of Innova Car has been rejected, by filing appropriate
Patna High Court CWJC No.20922 of 2025(2) dt.12-01-2026
2/2
appeal.
2. The learned counsel for the respondent-State
has got no objection.
3. Having regard to the facts and circumstances of
the case, 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
appropriate appeal is filed within a period of three weeks
from today, the same would be adjudicated on merits
without the appellate authority being impeded by the issue
of limitation and a reasoned and speaking order, in
accordance with law, shall be passed within a period of six
weeks thereafter.
4. Accordingly, the present writ application stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
brajesh/- ( Praveen Kumar, J)
U
Checking your session…