Patna High Court
Avakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted the petitioner liberty to appeal under Section 92 and to file a petition under Rule 12‑A, and disposed the writ petition.
Summary
Avakash Kumar filed a writ petition challenging the order dated 05.03.2024 of the Deputy Collector Land Reforms, Samastipur, which had confiscated his vehicle under the Bihar Prohibition and Excise law. The petitioner sought liberty to appeal the confiscation order under Section 92 of the Bihar Prohibition and Excise Act, 2016 and also to approach the competent authority under Rule 12‑A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The High Court examined whether such procedural liberty could be granted. The Court held that the petitioner was entitled to be permitted to file the appeal and the separate petition under the respective provisions. Accordingly, the Court granted the liberty sought and disposed of the writ petition.
Issues considered
- Whether the petitioner can be granted liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscation order.
- Whether the petitioner can be permitted to file a petition under Rule 12‑A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of penalty.
Legislation cited
Subjects
- Excise law
- Confiscation
- Appeal
- Procedural liberty
- Penalty
- Vehicle release
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8785 of 2025
======================================================
Avakash Kumar S/o - Krishna Kumar Mahto, r/o- Gotiyahi, ward no.- 07,
Reora, P.S.- Khanpur, Samastipur, Bihar- 848117.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Patna, Bihar.
2. The Excise Commissioner, Prohibition, Excise and Registration Department,
Govt. of Bihar, Patna.
3. The District Transport Officer, Samastipur.
4. The Superintendent of Excise, Samastipur.
5. The District Magistrate, Samastipur.
6. The DCLR, Samastipur.
7. The Superintendent of Police, Samastipur.
8. The Officer-in-Charge, Warisnagar Police Station, Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Kumar Pandey, Advocate
For the Respondent/s : Mr.Standing Counsel (28)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 02-02-2026 Though the present petition has been filed
challenging the order dated 05.03.2024 passed by the learned
court of Deputy Collector Land Reforms, Samastipur in
Confiscation (Excise) Case No. 91 of 2023-24 arising out of
Mathurapur O.P. P.S. Case No. 343 of 2023, however at the
outset, the learned counsel for the petitioner seeks liberty on
behalf of the petitioner to not only challenge the said order
Patna High Court CWJC No.8785 of 2025(3) dt.02-02-2026
2/2
dated 05.03.2024 by filing appropriate appeal under Section 92
of the Bihar Prohibition and Excise Act, 2016 but also seeks
liberty to file appropriate petition before the competent authority
under Rule 12-A of the Bihar Prohibition and Excise
(Amendment) Rules, 2023 for release of vehicle upon payment
of penalty. Liberty so sought is granted.
2. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
alok/k.c.jha
U
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