Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file the appeal and disposed of the writ petition as not pressed.
Summary
Santosh Kumar filed a civil writ petition seeking liberty to challenge an order dated 08‑12‑2025 issued by the Assistant Commissioner, Prohibition, Excise and Registration Department, Patna, by filing an appeal under the Bihar Prohibition and Excise Act, 2016. He indicated that he did not wish to press the writ itself but only wanted permission to pursue the statutory appeal. The High Court examined whether such liberty could be granted and whether the writ petition could be dismissed as not pressed. The Court granted the requested liberty, allowing the petitioner to file the appeal under the Act. Consequently, the writ petition was disposed of as not pressed.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal under the Bihar Prohibition and Excise Act, 2016 in respect of the order dated 08‑12‑2025.
- Whether the writ petition should be dismissed as not pressed.
Legislation cited
Subjects
- civil writ jurisdiction
- liberty to appeal
- Bihar Prohibition and Excise Act
- procedural law
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20962 of 2025
======================================================
Santosh Kumar Son of Satya Narayan Sah, Resident of Mohalla 2nd
Electric Tower Pandra Friends Colony P.S. Pandra O.P. Sukhdeo Nagar,
Ranchi, District Ranchi Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Secretary cum Excise Commissioner, Bihar, Patna.
3. Excise Commissioner, Patna.
4. Assistant Commissioner Excise Prohibition, Patna.
5. The Collector-cum-District Magistrate, Patna.
6. Senior Superintendent of Police, Patna.
7. District Transport Officer, Patna.
8. Officer In Charge Excise Patna Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv.
For the Respondent/s : Mr. Standing Counsel -28
======================================================
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 not to press the present writ application, however,
seeks liberty on behalf of the petitioner to challenge the
order dated 08.12.2025 passed by the Assistant
Commissioner, Prohibition, Excise and Registration
Department, Patna by filing appropriate appeal under the
provisions of Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.20962 of 2025(2) dt.12-01-2026
2/2
2. Liberty so sought is granted.
3. The present writ application stands disposed of
as not pressed.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
brajesh/-
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