Md. Israr AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 659 of 2026
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                 Md. Israr Alam S/o- Mohd Aftab Alam, Dhanawa, Arthua, PO Arthua, Dist-
                 Aurangabad, Bihar- 824125, Adhar no.-..... Mob........
                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Secretary Excise and Prohibition Department,
                 Govt. of Bihar, Vikas Bhavan, Bailey Road, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, P.O. and P.S.- Kaimur (Bhabhua).
           4.    The Superintendent of Police, P.O. and P.S- Bhabhua.
           5.    The District Excise Superintendent, P.O. and P.S- Kaimur (Bhabhua).
           6.    The S.H.O. Excise P.S., Kaimur (Bhabhua).
           7.    The S.H.O. Mehandia, Dist.- Arwal.
           8.    The S.H.O., Town P.S, Aurangabad.
           9.    The S.H.O. Excise P.S., Mohaniya, Dist.- Kaimur.
                                                           ... ... Respondent/s
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                 Appearance:
                 For the Petitioner/s   :       Mr. Md. Samir Minhaj, Advocate
                                                Mr. Sanjay Jha, Advocate
                 For the Respondent/s   :       Government Pleader (2)
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                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                             and
                             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                                ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   28-01-2026              The present writ petition has been filed for quashing the

                   order dated 12.09.2025 passed by the Ld. Collector – cum-

                   District Magistrate, Bhabhua in Excise (Vehicle Confiscation)

                   Case No. 25 of 2025, whereby and whereunder the Scorpio

                   Vehicle of the petitioner bearing Registration No. BR26PA-9192

                   has been confiscated and directions have been issued to auction
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          sale the same. The petitioner has further challenged the

          appellate order dated 26.11.2025 passed in Excise Appeal Case

          No. 168 of 2025 by the Commissioner Excise, Bihar, Patna,

          whereby the appeal has been dismissed.

          2.      The learned counsel for the petitioner has submitted that

          the petitioner had on 14.11.2024 at 4:00 p.m. given the vehicle

          in question to his friend, namely Vijay Kumar for travelling

          from Aurangabad to Hajipur and back and while the said Vijay

          Kumar was returning back on the said vehicle from Hajipur to

          Aurangabad and had reached at Walidad Kabristan, falling

          under the jurisdiction of Mehandiya Police Station on NH-139,

          at about 1:00 a.m. in the night of 14/15.11.2024, robbers had

          stopped the vehicle on gun point and kidnapped the said Vijay

          Kumar along with the vehicle. Thereafter, on the way the said

          robbers had thrown Vijay Kumar outside the vehicle, whereafter

          the said Vijay Kumar had informed the petitioner about the

          incident and then attempts were made to lodge FIR but the

          police personnel of Mehandiya Police Station did not lodge FIR,

          however after four days, i.e. on 19.01.2024 the case of the

          petitioner was registered by the Police vide Mehandiya P.S.

          Case No. 226 of 2024 under Section 303(2) of the Bhartiya

          Nyaya Sanhita against unknown accused persons.
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          3.      It is further submitted by the learned counsel for the

          petitioner that in the meantime Kaimur (Bhabhua) Prohibition

          P.S. Case No. 878 of 2024 dated 16.11.2024 was registered

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

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

          “Act, 2016”) against one Ravi Ranjan @ Ravi Yadav and

          unknown owner of the vehicle in question on account of

          recovery of 270 liters of illicit country made liquor.

          4.      It is contended by the learned counsel for the petitioner

          that the petitioner has got no role to play in the alleged

          occurrence and the said Ravi Ranjan @ Ravi Yadav is a veteran

          criminal inasmuch as eight criminal cases are pending against

          him and he is the person who had kidnapped the friend of the

          petitioner along with the vehicle in question, whereafter his

          friend was thrown out of the vehicle, hence it is apparent that

          the said Ravi Ranjan had used the vehicle in question to ferry

          illicit country made liquor, during the course whereof the said

          Ravi Ranjan alongwith the vehicle in question was apprehended

          by the police leading to lodging of Kaimur (Bhabhua) Excise

          Prohibition P.S. Case No. 878 of 2024 dated 16.11.2024.

          5.      Nonetheless, the learned counsel for the petitioner

          submits that the petitioner be granted liberty to challenge the
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          aforesaid order dated 26.11.2025 passed by the Commissioner

          Excise, Bihar, Patna in Excise Appeal Case No. 168 of 2025, by

          filing appropriate revision petition under Section 93 of the Act,

          2016, however it is submitted that the revisional authority be

          directed to consider the aforesaid aspect of the matter.

          6.      Per contra, the learned Government Pleader No. 2,

          appearing for the respondent-State has though supported the

          aforesaid orders dated 12.09.2025 passed by the District

          Magistrate, Bhabhua in Excise (Vehicle Confiscation) Case No.

          25 of 2025 and the appellate order dated 26.11.2025 passed by

          the Commissioner Excise, Bihar, Patna in Excise Appeal Case

          No. 168 of 2025, however he is not averse to liberty being

          granted to the petitioner to file revision petition and further

          submits that in case the petitioner files appropriate revision

          petition, the revisional authority shall definitely take into

          account the aforesaid submissions of the petitioner and pass a

          reasoned and speaking order in accordance with law.

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

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

          appropriate revision petition under Section 93 of the Act, 2016

          and in case such a petition is filed within a period of four weeks

          from today, the revisional authority shall consider all the
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                   submissions to be advanced in the revision petition along with

                   the aforesaid submissions made by the learned counsel for the

                   petitioner in the present case, as recorded hereinabove in the

                   preceding paragraphs and pass a reasoned and a speaking order

                   in accordance with law on the merits of the case within a period

                   of six weeks, thereafter.

                   8.      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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