CWJC/20964/2025 of Shubham Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 20964 of 2025 ====================================================== Shubham Kumar S/o Shiv Shankar Prasad, R/o Village Shantar, P.S. Lakhisarai, District- Lakhisarai. ... ... Petitioner/s Versus 1. The State of Bihar through the Commissioner, Excise Department Patna. 2. The Collector cum District Magistrate, Kaimur at Bhabua. 3. Sub-Divisional Officer, Bhabua, Kaimur at Bhabua. 4. Sub-Divisional Officer, Mohaina, Kaimur at Bhabua. 5. The Superintendent of Police, Kaimur at Bhabua. 6. The Superintendent of Excise Prohibition, Kaimur at Bhabua. 7. The Station Head Officer, Bhabua Excise Police Station, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Respondent/s : Dr. Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 3 16-02-2026 The present writ petition has been filed for quashing the order dated 18.10.2025 passed by the learned Collector- cum-District Magistrate, Kaimur at Bhabua in Excise (Vehicle Confiscation) Case No. 185 of 2025, whereby and whereunder the vehicle of the petitioner bearing Registration No. BR03AB0025, Chassis No. MA3FNEB1500229136, Engine No. D13A-5804090, (S-Cross Smart Hybrid Zeta) has been confiscated and direction has been issued for taking appropriate Patna High Court CWJC No.20964 of 2025(3) dt.16-02-2026 2/3 action for auction sale of the same. 2. The brief facts of the case are that one F.I.R. bearing Bhabua Prohibition P.S. Case No. 849 of 2024 dated 03.11.2024 was registered under Sections 30(a), 32(1) & (3) and 41(1) & (2) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as “Act, 2016”) against one Vikash Kumar and unknown owner of the vehicle in question on account of recovery of 325.29 liters of illicit liquor from the aforesaid vehicle in question. 3. At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 18.10.2025 passed by the learned Court of Collector-cum-District Magistrate, Kaimur at Bhabua in Excise (Vehicle Confiscation) Case No. 185 of 2025 by filing appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. Liberty so sought is granted. 4. It is needless to state that in case appropriate appeal is filed by the petitioner within a period of four weeks from today, the Appellate Authority shall consider the appeal to be filed by the petitioner on merits, without being impeded by the issue of limitation and pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter. Patna High Court CWJC No.20964 of 2025(3) dt.16-02-2026 3/3 5. Accordingly, the present writ petition stands disposed of. utkarsh/-ritik/- (Mohit Kumar Shah, J) (Sunil Dutta Mishra, J) U