Patna High Court

Suryabhan RaiversusThe State of Bihar

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

Holding

The Court granted liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and stayed the auction of the vehicle pending such appeal.

Summary

The petitioner, Suryabhan Rai, challenged the order dated 20.01.2026 by the Collector‑cum‑District Magistrate, Buxar, which directed the confiscation of his Tata Safari vehicle under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting 127.62 litres of illicit liquor. The petitioner sought liberty to file an appeal under Section 92 of the same Act. The High Court granted the liberty, directing that if the appeal is filed within four weeks from the order, the appellate authority shall consider it on merits without being barred by limitation and shall pass a reasoned order within four weeks thereafter. The Court also ordered that the vehicle shall not be auctioned pending the filing of the appeal. Consequently, the writ petition was disposed of on these terms.

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 limitation bar can be waived for the purpose of filing the appeal.
Whether the vehicle can be stayed from auction pending the filing of the appeal.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 92

Subjects

writ petition
confiscation
excise law
illicit liquor
vehicle seizure
appeal
limitation
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2993 of 2026
                 ======================================================
                 Suryabhan Rai Son of Subhash Chandra Rai, Resident of Village-
                 Jogamusahib, P.S.-Karimuddinpur, District-Gajipur (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 Station House Officer Excise Buxar Police Station, Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sarfraz Ahmad,Advocate
                                               Mr. Sonu Singh, Advocate
                                               Mr. Suraj Raj, Advocate
                 For the Respondent/s   :      Government Advocate (2)
                 ======================================================
                 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 20.01.2026 passed by the Ld.

                   Collector-cum-District Magistrate, Buxar in Confiscation Case

                   No. 426 of 2025, whereby and whereunder the Tata Safari

                   vehicle of the petitioner bearing Registration No. UP-70DM-

                   3777, has been directed to be confiscated in connection with

                   Buxar Excise P.S. Case No. 354 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
         Patna High Court CWJC No.2993 of 2026(2) dt.23-02-2026
                                                     2/2




                   recovery of 127.62 litres of illicit liquor from the said vehicle,

                   however at the outset, the Ld. Counsel for the petitioner seeks

                   liberty on behalf of the petitioner to challenge the said order

                   dated 20.01.2026, 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 within a period of four weeks from today, the appellate

                   authority shall examine 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.      It is directed that in case appropriate appeal is filed within

                   a period of four weeks from today, the vehicle in question shall

                   not be auctioned.

                   4.      Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                               (Mohit Kumar Shah, J)


                                               (Alok Kumar Pandey, J)

S.Sb/-

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