Patna High Court

Md. Anmarul Haque @ Md. Anwarul HaqueversusThe State of Bihar

Decided: 28 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The Court held that the petitioner is entitled to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and the vehicle shall not be auctioned until the appeal is finally decided.

Summary

The petitioner filed a writ petition seeking to quash an order dated 2 May 2025 that directed the confiscation and auction of his Scorpio vehicle under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, in connection with a case involving illicit Mahua liquor. The High Court granted the petitioner liberty to file an appeal under Section 92 of the same Act within four weeks, directing that the appellate authority consider the appeal on its merits without being barred by limitation. The Court also ordered that the vehicle not be auctioned until the appeal is finally disposed of. The order emphasized that the appeal, if filed timely, must be decided within six weeks. Consequently, the writ petition was disposed of 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 the limitation period can be condoned for filing the appeal.
Whether the auction of the confiscated vehicle should be stayed pending the appeal.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 92

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.778 of 2026
                 ======================================================
                 Md. Anmarul Haque @ Md. Anwarul Haque Son of- Md. Naimul Haque,
                 Resident of- Wajidpur, P.S.- Maner, District- Patna-801503.

                                                                               ... ... Petitioner/s

                                                    Versus

           1.    The State of Bihar through Secretary, Excise and Prohibition Department,
                 Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Patna.
           4.    The Commissioner, Excise and Prohibition Department, Bihar, Patna.
           5.    The Assistant Commissioner, Excise and Prohibition, Patna, Bihar.
           6.    The Senior Superintendent of Police, Patna, Bihar.
           7.    The Station House Officer (S.H.O.), Bihta Police Station, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Jawed Gaffar Khan, Adv.
                                               Mr. Arun Kumar Prasad, Adv.
                                               Mr. Anuj Kumar, Adv.
                 For the State          :      Mr.Swapnil Kumar Singh, AC to GP-19
                 ======================================================
                 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 2.5.2025, passed by the learned Court of

                   Assistant       Commissioner,     Prohibition,     Patna       in    Vehicle

                   Confiscation Case No. 112/2024-25, whereby and whereunder

                   the Scorpio vehicle of the petitioner bearing Registration No.
Patna High Court CWJC No.778 of 2026(3) dt.28-01-2026
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          BR01PE-1796 has been directed to be confiscated in connection

          with Bihta P.S.Case No. 377/2023 dated 20.4.2023, lodged

          under Section 30(a) of the Bihar Prohibition and Excise Act,

          2016 (hereinafter referred to as Act, 2016) against Sunny Kumar

          and Vikas Kumar on account of recovery of 270 liters of illicit

          Mahua liquor and the vehicle in question has also been directed

          to be put on auction.

          2.      At the outset, the learned counsel for the petitioner seeks

          liberty on behalf of the petitioner to challenge the aforesaid

          order dated 2.5.2025, by filing appropriate appeal under Section

          92 of the Act, 2016, as amended up to date. 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 examine the same on merit, without being

          impeded by the issue of limitation and pass a reasoned and a

          speaking order, in accordance with law, within a period of six

          weeks, thereafter.

          4.      It is further made clear that in case appropriate appeal is

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

          question shall not be auctioned till the final disposal of the said

          appeal.
         Patna High Court CWJC No.778 of 2026(3) dt.28-01-2026
                                                     3/3




                   5.      Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                          ( Alok Kumar Pandey, J)
Ajay/-

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