Biteshwar Nath Pandey v. The State of Bihar
Case brief
What is this about?
Bihar excise vehicle confiscation; Bihar Prohibition and Excise Act, 2016 — Sections 30(a), 32(1)(3), 41(i)(ii) (offences/proceedings) and Section 92 (statutory appeal); writ remedy declined in favour of appeal with limitation protection; interim restraint on auction sale of vehicle (Mahindra XUV 500, Regn. No. BR01PJ 2359) pending appeal; confiscation order dated 25.10.2025 by Collector-cum-District Magistrate, Kaimur (Bhabhua); reasoned and speaking order direction to appellate authority; petition disposed of, not decided on merits.
What did the court decide?
Liberty to the petitioner to file an appeal under Section 92 of the Act, 2016 within two weeks; appellate authority to decide the appeal on merits without the bar of limitation and pass a reasoned and speaking order within four weeks thereafter; no auction sale of the vehicle pending final decision in such appeal (if not already auctioned). Writ petition disposed of on these terms without adjudication on the merits of the confiscation order.