Musheer Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19519 of 2025 ====================================================== Musheer Miyan Son of Shamim Akhtar, Resident of House No.286, Gali No.5, New Mustafabad, Rajiv Gandhi Nagar, North East-Delhi-110094. ... ... Petitioner/s

Versus

1.

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

The Commissioner Excise Department, Govt. of Bihar, Patna. 3.

The Deputy Secretary, Excise Department, Government of Bihar. 4.

The Collector-cum-District Magistrate, Saran, Chapra. 5.

The Deputy Collector, Land Reforms Department, Madaura, Saran 6.

The Superintendent of Police, Saran, Chapra.

7.

The Inspector, Bheldi Police Station, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swami Parth Sarthy, Advocate For the Respondent/s :

Government Advocate (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 16-02-2026 Though the present writ petition has been filed challenging the order dated 01.07.2025 passed by the Deputy Collector Land Reforms, Madaura, Saran in Confiscation Case No. 31 of 2025 as also the appellate order dated 27.08.2025 passed by the Commissioner, Excise, Bihar, Patna in Excise Appeal Case No. 122 of 2025, however at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid appellate order dated

Patna High Court CWJC No.19519 of 2025(3) dt.16-02-2026 2/2 27.08.2025 by filing appropriate revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act, 2016). Liberty, so sought, is granted. 2.

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

It is needless to state that in case the vehicle of the petitioner has not been auctioned till date, the same would not be auctioned till the disposal of the revision petition, in case appropriate revision application is filed within a period of two weeks from today.

4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) (Sunil Dutta Mishra, J) S.Sb/- U