Patna High Court
Shubham KumarversusThe 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 and disposed of the writ petition.
Summary
The petitioner, Shubham Kumar, filed a writ petition seeking to quash the order dated 18‑10‑2025 of the Collector‑cum‑District Magistrate, Kaimur, which confiscated his vehicle (Registration No. BR03AB0025) on grounds of alleged transport of illicit liquor. The vehicle was seized following FIR No. 849 of 2024 under Sections 30(a), 32(1)&(3) and 41(1)&(2) of the Bihar Prohibition and Excise Act, 2016. The High Court granted the petitioner liberty to file an appeal under Section 92 of the same Act within four weeks, holding that the writ petition could not be entertained on merits and that the limitation issue would not bar the appeal. The Court directed that the appeal be decided on merits and ordered the writ petition to be disposed of. Consequently, the writ petition was dismissed and the matter was left for the appellate authority.
Issues considered
- Whether the order of vehicle confiscation under the Bihar Prohibition and Excise Act can be challenged by a writ petition.
- Whether the limitation period for filing an appeal under Section 92 of the Act bars the petitioner.
- Whether the petitioner is entitled to liberty to file an appeal without prejudice to the writ proceedings.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(1), 32(3), 41(1), 41(2), 92
Subjects
- vehicle confiscation
- excise law
- writ petition
- limitation
- appeal
- prohibition act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 20964 of 2025
======================================================
Shubham Kumar S/o Shiv Shankar Prasad, R/o Village Shantar, P.S.
Lakhisarai, District- Lakhisarai.
... ... 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, Mohaina, 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, Bhabua Excise Police Station, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Dr. Md. Raisul Haque, SC-10
======================================================
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 quashing
the order dated 18.10.2025 passed by the learned Collector-
cum-District Magistrate, Kaimur at Bhabua in Excise (Vehicle
Confiscation) Case No. 185 of 2025, whereby and whereunder
the vehicle of the petitioner bearing Registration No.
BR03AB0025, Chassis No. MA3FNEB1500229136, Engine
No. D13A-5804090, (S-Cross Smart Hybrid Zeta) has been
confiscated and direction has been issued for taking appropriate
Patna High Court CWJC No.20964 of 2025(3) dt.16-02-2026
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action for auction sale of the same.
2. The brief facts of the case are that one F.I.R.
bearing Bhabua Prohibition P.S. Case No. 849 of 2024 dated
03.11.2024 was registered under Sections 30(a), 32(1) & (3) and
41(1) & (2) of Bihar Prohibition and Excise Act, 2016
(hereinafter referred to as “Act, 2016”) against one Vikash
Kumar and unknown owner of the vehicle in question on
account of recovery of 325.29 liters of illicit liquor from the
aforesaid vehicle in question.
3. At the outset, learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the
aforesaid order dated 18.10.2025 passed by the learned Court of
Collector-cum-District Magistrate, Kaimur at Bhabua in Excise
(Vehicle Confiscation) Case No. 185 of 2025 by filing
appropriate appeal under Section 92 of the Bihar Prohibition
and Excise Act, 2016. Liberty so sought is granted.
4. It is needless to state that in case appropriate appeal
is filed by the petitioner within a period of four weeks from
today, the Appellate Authority shall consider the appeal to be
filed by the petitioner 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.
Patna High Court CWJC No.20964 of 2025(3) dt.16-02-2026
3/3
5. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Sunil Dutta Mishra, J)
utkarsh/-ritik/-
U
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