Patna High Court

Raviprakash KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The Court granted liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 and stayed the auction of the vehicle pending the outcome of that petition.

Summary

The petitioner, Raviprakash Kumar, filed a writ petition challenging the Collector‑cum‑District Magistrate’s order of vehicle confiscation dated 12‑09‑2025 and the Excise Commissioner’s order dismissing his appeal. The High Court noted that the petitioner may seek a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016, and granted him liberty to do so within four weeks. The Court directed that the revisional authority consider the petition on merits without limitation issues and issue a reasoned order within four weeks. It also ordered that the confiscated vehicle not be auctioned until the revision petition is disposed of. Consequently, the writ petition was disposed, subject to the granted liberty and stay.

Issues considered

Whether the Collector‑cum‑District Magistrate’s order of vehicle confiscation can be challenged by a writ petition.
Whether the petitioner is entitled to a stay on the auction of the confiscated vehicle pending a revision petition.
Whether a revision petition filed under Section 93 of the Bihar Prohibition and Excise Act, 2016, is barred by limitation.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(1), 32(3), 41(1), 41(2), 93

Subjects

writ petition
vehicle confiscation
Bihar Prohibition and Excise Act
revision petition
stay order
limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2509 of 2026
                 ======================================================
                 Raviprakash Kumar Son of Late Jagarnath Ram @ Jagnnath Ram Resident of
                 Village- Kartkat, P.O.- Orra, P.S- Bhagwanpur, District- Kaimur (Bhabua),
                 Bihar- 821102.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Prohibition, Excise and
                  Registration Department, Govt. of Bihar, Patna.
           2.    The Excise Commissioner, Government of Bihar, Patna.
           3.    The Collector-cum-District Magistrate, Bhabua, Kaimur.
           4.    The Superintendent of Police, Bhabua, Kaimur.
           5.     The Officer-in-Charge, Prohibition Police Station, Bhabua, Kaimur.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ankita Roy, Advocate
                 For the Respondent/s   :       Mr.Government Advocate (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026            Though the present writ petition has been filed challenging the

                   order dated 12.09.2025 passed by the learned Collector-cum-District

                   Magistrate, Kaimur at Bhabua in Excise (Vehicle Confiscation) Case

                   No.44 of 2025, arising out of Kaimur Prohibition P.S. Case No.117

                   of 2025, registered under Section 30(a), 32(1), 32(3), 41(1), 41(2) of

                   the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as

                   “the Act, 2016”) as also the order dated 26.11.2025, passed by the

                   learned Excise Commissioner, Government of Bihar, Patna in Excise

                   Appeal Case No.171 of 2025 whereby and whereunder the appeal has

                   stood dismissed and the order of confiscation passed by the learned
            Patna High Court CWJC No.2509 of 2026(2) dt.23-02-2026
                                                        2/2




                      Collector-cum-District Magistrate, Kaimur at Bhabua dated

                      12.09.2025 has been upheld, however at the outset, the learned

                      counsel for the petitioner seeks liberty on behalf of the petitioner to

                      challenge the aforesaid orders by filing appropriate revision petition

                      under Section 93 of the Act, 2016, but he seeks some protection

                      during the interregnum period. Liberty so sought is granted.

                                  2. It is needless to state that in case appropriate revision

                      petition is filed within a period of four weeks from today, the

                      revisional authority shall consider the same 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.

                                  3. In case appropriate revision petition is filed by the

                      petitioner within a period of four weeks from today, the vehicle in

                      question shall not be auctioned till the disposal of the revision petition.

                                  4. Accordingly, the writ petition stands disposed off on

                      the aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                              (Alok Kumar Pandey, J)

kanchan/-

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