Patna High Court

Suraj PrasadversusThe State of Bihar

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

Holding

The Court allowed the petitioner liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016.

Summary

Petitioner Suraj Prasad challenged two orders: one dated 17‑06‑2025 by the Commissioner of Excise dismissing his appeal, and another dated 02‑04‑2025 by the Sub‑divisional Magistrate directing confiscation of his Tata Magic vehicle seized under the Bihar Prohibition and Excise Act for alleged recovery of illicit liquor. The High Court, after hearing counsel, granted the petitioner liberty to file a revision petition under Section 93 of the same Act within four weeks and directed the revisional authority to decide the matter on merits within another four weeks. No substantive merits of the confiscation were adjudicated. Consequently, the writ petition was disposed, with the liberty to pursue the revision as a condition.

Issues considered

Whether the petitioner is entitled to liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 against the orders of the Commissioner Excise and the Sub‑divisional Magistrate.
Whether the writ petition should be dismissed or disposed pending the filing of the revision.

Legislation cited

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

Subjects

Excise
Vehicle Confiscation
Prohibition
Revision Petition
Writ Jurisdiction
Illicit Liquor

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3649 of 2026
                 ======================================================
                 Suraj Prasad S/o Surendra Prasad R/o Village- Chhittupur, P.S.- Lanka,
                 District- Varansi (U.P.).

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Commissioner, Excise Dept., Patna.
           2.    The District Magistrate cum Collector, Kaimur at Bhabua.
           3.    The Sub- Divisional Officer, Kaimur at Bhabua.
           4.    The Sub- Divisional Officer, Mohania, (Kaimur).
           5.    The Superintendent of Police, Kaimur at Bhabua.
           6.    The Superintendent of Excise Department, Kaimur at Bhabua.
           7.    The Station Head of Bhabua Excise Police Station, Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Tribhuwan Narayan, Advocate
                 For the Respondent/s   :     Mr. Rajesh Roy, AC to SC-22
                 ======================================================
                 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 17.06.2025, passed by the learned

                   Commissioner Excise, Bihar, Patna in Appeal Case No.70 of

                   2025 whereby and whereunder the appeal has been dismissed as

                   also for setting aside the order dated 02.04.2025, passed by the

                   learned Sub-divisional Magistrate, Bhabua (Kaimur) in Excise

                   (Vehicle Confiscation) Case No.171 of 2025 whereby and

                   whereunder direction has been issued to confiscate the vehicle
            Patna High Court CWJC No.3649 of 2026(2) dt.16-03-2026
                                                        2/2




                      of the petitioner i.e. Tata Magic bearing Registration No.UP65PT-

                      1970, which has been seized in connection with Kaimur

                      (Prohibition) P.S. Case No.937 of 2024 dated 12.12.2024,

                      registered under Sections 30(a), 32(i), 32(iii), 41(1) and 41(2) of

                      the Bihar Prohibition and Excise Act, 2016 on account of recovery

                      of 450 liters of illicit liquor, however at the outset, the learned

                      counsel for the petitioner seeks liberty on behalf of the petitioner

                      to challenge the aforesaid order dated 17.06.2025 passed by the

                      learned Commissioner Excise, Bihar Patna by filing appropriate

                      revision petition under Section 93 of the Bihar Prohibition and

                      Excise Act, 2016. Liberty so sought is granted.

                                  2. It is needless to state that in case appropriate

                      revision petition is filed by the petitioner, within a period of four

                      weeks from today, the revisional authority shall consider the

                      same on merits and pass a reasoned and a speaking order in

                      accordance with law, within a period of four weeks, thereafter.

                                  3. The writ petition stands disposed of on the

                      aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)

kanchan/-
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