Patna High Court

Ranjeet Paswan @ Ranjit Paswan @ Ranjit KumarversusThat State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court granted liberty to the petitioner to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and ordered a stay on the vehicle's auction until the appeal is decided.

Summary

The petitioner, Ranjeet Paswan, filed a writ petition challenging the order dated 19‑05‑2025 of the Assistant Commissioner Prohibition that confiscated his vehicle (Reg. No. BR01BH9925). The petitioner sought to set aside the order and requested liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The respondent (State of Bihar) raised no objection to the filing of such an appeal. The High Court granted the petitioner liberty to file the appeal within four weeks and directed the appellate authority to decide the appeal on merits within four weeks, also staying any auction of the vehicle until the appeal is disposed. The writ petition was consequently disposed 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 a stay on the auction of the confiscated vehicle is warranted pending the appeal.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 92

Subjects

writ petition
vehicle confiscation
Bihar Prohibition and Excise Act
Section 92
appeal
stay of auction
excise law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3280 of 2026
                 ======================================================
                 Ranjeet Paswan @ Ranjit Paswan @ Ranjit Kumar Son of Kailash Paswan @
                 Kailash Ram Resident of village- Kamla Nehru Nagar, P.S.- Kotwali, District-
                 Patna.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     That State of Bihar through the Principal Secretary, Excise and Prohibition
                  Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Excise and Prohibition Department, Government of
                 Bihar, Patna.
           3.    The Excise Commissioner, Government of Bihar, Patna.
           4.    The District Magistrate, District - Patna.
           5.    The Senior Superintendent of Police, District - Patna.
           6.    The Superintendent of Police, District - Patna.
           7.    The Deputy Superintendent of Police, District- Patna.
           8.    The S.H.O., P.S.- Excise, District - Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Prasoon Kumar, Advocate
                 For the Respondent/s   :       Standing Counsel (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   16-03-2026            Though the present writ petition has been filed for setting

                   aside the order dated 19.05.2025 passed by the Assistant

                   Commissioner Prohibition, B.S.B.C.L., Prohibition, Excise and

                   Registration Department, Sandalpur, Kumhrar, Bihar, Patna in

                   Vehicle Confiscation Case No. 219 of 2025-26, however at the

                   outset, the Ld. Counsel for the petitioner seeks liberty on behalf

                   of the petitioner to challenge the said order dated 19.05.2025 by

                   filing appropriate appeal under Section 92 of the Bihar

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

                   ‘Act, 2016), as amended upto date.

                   2.     The Ld. Counsel for the respondent has no objection in
         Patna High Court CWJC No.3280 of 2026(2) dt.16-03-2026
                                                     2/2




                   case appropriate appeal is filed by the petitioner.

                   3.       Having regard to the facts and circumstances of the case,

                   we deem it fit and proper to grant liberty to the petitioner to

                   challenge the aforesaid order dated 19.05.2025, by filing

                   appropriate appeal under Section 92 of the Act, 2016 and in case

                   such an appeal is filed 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 within a period of four

                   weeks, thereafter.

                   4.       It is needless to state that in case appropriate appeal is

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

                   question i.e. the one bearing Registration No. BR01BH9925,

                   Chassis No. MAJ1XXMRJ1BP24228 and Engine No. BP24228

                   shall not be auctioned sold till the disposal of the appeal, in case

                   the auction has not already taken place.

                   5.       The writ petition stands disposed off on the aforesaid

                   terms.


                                          (Mohit Kumar Shah, J)


                                             (Arun Kumar Jha, J)
S.Sb/-

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