Patna High Court
Shivnarayan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted the petitioner liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.
Summary
The petitioner, Shivnarayan Yadav, challenged the confiscation and auction of his Tata Commercial Truck ordered by the District Magistrate, Buxar, under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for alleged recovery of 423 litres of illicit liquor. He filed a writ petition seeking liberty to appeal the order under Section 92 of the same Act. The High Court examined whether such liberty could be granted and whether the writ petition was maintainable. The Court held that the petitioner may be permitted to file an appeal within four weeks from the date of the order. It directed that the appellate authority must decide the appeal on merits and issue a reasoned order within four weeks thereafter. Consequently, the writ petition was disposed of, granting the petitioner liberty to appeal.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscation order.
- Whether the writ petition is maintainable for the purpose of seeking such liberty.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 92
Subjects
- writ petition
- confiscation
- illicit liquor
- appeal
- Section 92
- Bihar Prohibition and Excise Act
- High Court
- liberty to appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2897 of 2026
======================================================
Shivnarayan Yadav, Male, Son of Shrikant Yadav, Resident of Village Sarwan,
PS- Sarwan, District Mau (Uttar Pradesh).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, Buxar.
3. The Superintendent of Police, Buxar.
4. The Superintendent of Prohibition Excise, Buxar.
5. The Statoin House Officer, Excise Buxar Police Station, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Respondent/s : Standing Counsel (16)
======================================================
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 for
setting aside the order dated 06.01.2026 passed by the learned
Court of District Magistrate, Buxar in Confiscation Case No.
420 of 2025 whereby and whereunder the Tata Commercial
Truck bearing registration No. UP 54 T 7505 has been directed
to be confiscated and auction sold in connection with Buxar
Excise P.S. Case No.282 of 2025, registered under Section 30(a)
of the Bihar Prohibition and Excise Act, 2016 (hereinafter
referred to as the ‘Act, 2016’) on account of recovery of 423
liters of illicit liquor, however, at the outset, the learned counsel
Patna High Court CWJC No.2897 of 2026(2) dt.23-02-2026
2/2
for the petitioner seeks liberty on behalf of the petitioner to
challenge the said order dated 06.01.2026 passed by the learned
Collector-cum-District Magistrate, Buxar by filing appropriate
appeal under Section 92 of the Act, 2016. Liberty, so sought, is
granted.
2. It is needless to state that in case appropriate appeal
is filed by the petitioner before the appellate authority within a
period of four weeks from today, the appellate authority shall
consider the same on merits and pass a reasoned and a speaking
order, in accordance with law, withing a period of four weeks,
thereafter.
3. Accordingly, present writ petition stands disposed
of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
GAURAV S./-
U
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