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
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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
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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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