Vijay Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.180 of 2026 ====================================================== Vijay Kumar Patel S/o Mataru Lal, R/o Karnadadi, PS Bhelupur, Distict Varanasi (U.P).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Excise Dept Patna. 2.

The District Magistrate cum Collector, Kaimur at Bhabua. 3.

The Sub-Divisional Officer, Kaimur at Bhabua. 4.

The Sub-Divisional Officer, Mohania (Kaimur). 5.

The Superintendent of Police, Kaimur at Bhabua. 6.

The Superintendent of Excise Department, Kaimur at Bhabua. 7.

The Station Head of Durgawati Police Station, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan, ADv.

For the Respondent/s :

Mr.Addl. Advocate General (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 19-01-2026 Though the present writ petition has been filed for setting aside the order dated 30.6.2025, passed by the learned SubDivisional Magistrate, Mohania (Kaimur) in Excise (Vehicle Confiscation) Case No. 41 of 2025, whereby and whereunder the learned Collector has passed an order for confiscation of the vehicle bearing registration no. UP65CN1645, however at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the said order dated 30.6.2025, passed by the learned Sub-Divisional Magistrate,

Patna High Court CWJC No.180 of 2026(2) dt.19-01-2026 2/2 Mohania (Kaimur), by filing appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. 2.

Accordingly, we deem it fit and proper to grant liberty to the petitioner to file appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 and in case such an appeal is filed within a period of three weeks from today, the appellate 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 six weeks, thereafter.

3.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) ( Praveen Kumar, J) Ajay/- U