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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


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