Patna High Court

Gautam YadavversusThe State of Bihar

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

Holding

The Court grants the petitioner liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and disposes of the writ petition.

Summary

The petitioner, Gautam Yadav, challenged an order dated 08.12.2025 of the District Panchayat Raj Officer, Siwan, which directed the release of his truck upon payment of a penalty equal to 35% of its insurance value under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioner sought relief through a writ petition in the Patna High Court. The Court examined whether the order could be contested by filing an appeal under Section 92 of the Act. It granted the petitioner liberty to file such an appeal within five weeks from the date of the order. The Court further directed that, if the appeal is filed within the stipulated period, the appellate authority must consider it on merits without being hindered by limitation and must pass a reasoned order within four weeks. Consequently, the writ petition was disposed of on the terms of the granted liberty.

Issues considered

Whether the order directing release of the truck upon payment of penalty under the Bihar Prohibition and Excise Act, 2016 can be challenged by a writ petition.
Whether the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.
Whether limitation would bar the appeal if filed within the period prescribed by the Court.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3), 92

Subjects

Excise law
Penalty
Section 92
Writ petition
Limitation
Appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No. 3001 of 2026
                 ======================================================
                 Gautam Yadav S/o Surajman, R/o -TilaiBelwa, Post - Deoria, P.S. - Deoria,
                 District - Deoria Uttar Pradesh 274001.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Secretary Excise and Prohibition Department
                 Gov. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Siwan, Bihar
           4.    The Superintendent of Police, Siwan, Bihar
           5.    The Sub-Divisional Officer, Siwan Bihar
           6.    The Superintendent of Excise, Siwan, Bihar
           7.    The SHO, Maharajganj Excise Police Station, Siwan, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Majid Mahboob Khan, Advocate
                 For the Respondent/s   :     Mr. Gyan Prakash Ojha, GA-7
                 ======================================================
                 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 08.12.2025 passed by the Ld. Court

                   of District Panchayat Raj Officer, Siwan in Excise Act Case No.

                   932 of 2025, whereby and whereunder it has been directed to

                   release the truck of the petitioner bearing Registration No.

                   UP52T9479, upon payment of penalty to the tune of 35% of its

                   newest insurance value in connection with Maharajganj Excise

                   P.S. Case No. 155 of 2025, registered under Sections 30(a) and
         Patna High Court CWJC No. 3001 of 2026(2) dt.23-02-2026
                                                     2/2




                   32(3) of the Bihar Prohibition and Excise Act, 2016 (hereinafter

                   referred to as the ‘Act, 2016’), however at the outset, the Ld.

                   Counsel for the petitioner seeks liberty on behalf of the

                   petitioner to challenge the said order dated 08.12.2025, 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 five weeks from today, the appellate

                   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.      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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