Raviprakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2509 of 2026 ====================================================== Raviprakash Kumar Son of Late Jagarnath Ram @ Jagnnath Ram Resident of Village- Kartkat, P.O.- Orra, P.S- Bhagwanpur, District- Kaimur (Bhabua), Bihar- 821102.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna. 2.

The Excise Commissioner, Government of Bihar, Patna. 3.

The Collector-cum-District Magistrate, Bhabua, Kaimur. 4.

The Superintendent of Police, Bhabua, Kaimur. 5.

The Officer-in-Charge, Prohibition Police Station, Bhabua, Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankita Roy, Advocate For the Respondent/s :

Mr.Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 23-02-2026 Though the present writ petition has been filed challenging the order dated 12.09.2025 passed by the learned Collector-cum-District Magistrate, Kaimur at Bhabua in Excise (Vehicle Confiscation) Case No.44 of 2025, arising out of Kaimur Prohibition P.S. Case No.117 of 2025, registered under Section 30(a), 32(1), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as "the Act, 2016") as also the order dated 26.11.2025, passed by the learned Excise Commissioner, Government of Bihar, Patna in Excise Appeal Case No.171 of 2025 whereby and whereunder the appeal has stood dismissed and the order of confiscation passed by the learned

Patna High Court CWJC No.2509 of 2026(2) dt.23-02-2026 2/2 Collector-cum-District Magistrate, Kaimur at Bhabua dated 12.09.2025 has been upheld, however at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid orders by filing appropriate revision petition under Section 93 of the Act, 2016, but he seeks some protection during the interregnum period. Liberty so sought is granted.

2. It is needless to state that in case appropriate revision petition is filed within a period of four weeks from today, the revisional authority shall consider the same 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.

3. In case appropriate revision petition is filed by the petitioner within a period of four weeks from today, the vehicle in question shall not be auctioned till the disposal of the revision petition.

4. Accordingly, the writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) (Alok Kumar Pandey, J) kanchan/- U