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Patna High Court

Mohit LatherversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to file an appeal under Section 92 and stayed the auction of the vehicle pending the appeal.

Summary

The petitioner, Mohit Lather, filed a writ petition seeking the release of a seized Swift LXI vehicle (HR 11 R 7103) that had been confiscated in connection with a prohibition case involving 204 litres of illicit liquor. The vehicle had been ordered to be confiscated and auctioned by the Collector‑cum‑District Magistrate, Kaimur, under the Bihar Prohibition and Excise (Amendment) Acts. The petitioner sought liberty to challenge that order by filing an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The High Court granted the liberty to file the appeal within four weeks, directed that the vehicle not be auctioned until the appeal is finally decided, and noted that the appellate authority must decide the appeal on merits without limitation issues. The writ petition was consequently disposed of.

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 of auction of the seized vehicle is warranted pending the filing and disposal of such appeal.

Legislation cited

Subjects

  • vehicle seizure
  • prohibition law
  • excise law
  • writ petition
  • stay of auction
  • appeal
  • limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.486 of 2026
                 ======================================================
                 Mohit Lather, (Male) son of Mukhyatar Singh Resident of 22 Gagesar (29),
                 Gangesar, P.S- Gohana, District- Sonipat (Hariyana)

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Additional Chief Secretary Department of
                 Excise and Custom, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Excise and Custom,
                 Government of Bihar, Patna
           3.    The District Magistrate, Kaimur at Bhabhua.
           4.    The Superintendent of Police, Kaimur at Bhabhua.
           5.    The District Transport officer, Kaimur at Bhabhua.
           6.    The Station Head Office, Excise Police Station, Kaimur at Bhabhua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Rajeev Ranjan, Advocate
                 For the Respondent/s   :     Government Pleader (6)
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   09-03-2026                 Though the present writ petition has been filed for

                   directing the respondent authorities to release the vehicle in

                   question bearing registration No. HR 11 R 7103, Chassis No.

                   MBHZCDESKSC311990, Engine No. Z12EP1210193 (Swift

                   LXI) which has been seized in connection with Kaimur

                   (Prohibition) P.S. Case No.485 of 2025 registered under

                   Sections 30 (a), 32 (1)(3), 41 (i)(ii) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2018 read with the Bihar Prohibition
Patna High Court CWJC No.486 of 2026(3) dt.09-03-2026
                                            2/3




          and       Excise         (Amendment)          Act,   2022     against

          absconding/unknown person as also against the unknown owner

          of the vehicle in question on account of recovery of 204 liters of

          illicit liquor, however the learned counsel for the respondent-

          State has produced an order dated 22.01.2026 passed by the

          learned Court of Collector-cum-District Magistrate, Kaimur

          (Bhabua) in Excise (Vehicle Confiscation) Case No.320 of

          2025, whereby and whereunder the aforesaid vehicle in question

          has been directed to be confiscated and put on auction sale.

                      2. At this juncture, a copy of the aforesaid order dated

          22.01.2026 passed by the Collector-cum-District Magistrate,

          Kaimur (Bhabua) in Excise (Vehicle Confiscation) Case No.320

          of 2025 has also been handed over to the learned counsel

          appearing for the petitioner, who seeks liberty on behalf of the

          petitioner to challenge the said order dated 22.01.2026 by filing

          appropriate appeal under Section 92 of the Bihar Prohibition

          and Excise Act, 2016. Liberty, so sought, is granted.

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

          is filed within a period of four 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 within a period of four weeks, thereafter. It is
          Patna High Court CWJC No.486 of 2026(3) dt.09-03-2026
                                                      3/3




                    further directed that in case appropriate appeal is filed within a

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

                    not be auctioned sold till the final disposal of the appeal in

                    question.

                                4. Accordingly, the present writ petition stands

                    disposed of.



                                             (Mohit Kumar Shah, J)


                                               (Arun Kumar Jha, J)
GAURAV S./-
U


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