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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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