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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

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
                                           2/3




          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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