Raviprakash Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Raviprakash Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file an appropriate revision petition under Section 93 of the Act, 2016 within four weeks; upon such filing, the revisional authority to consider the petition on merits without being impeded by limitation and pass a reasoned and speaking order within four weeks thereafter; the vehicle in question not to be auctioned till disposal of the revision petition.

Issue for consideration

Validity of the order dated 12.09.2025 of the Collector-cum-District Magistrate, Kaimur at Bhabua confiscating the vehicle and of the order dated 26.11.2025 of the Excise Commissioner dismissing the appeal and upholding the confiscation. +1 more

Ratio / Principle

Liberty is granted to the petitioner to challenge the confiscation order dated 12.09.2025 and the Excise Commissioner's order dated 26.11.2025 by filing an appropriate revision petition under Section 93 of the Act, 2016.

Key takeaways

If an appropriate revision petition is filed within four weeks, the revisional authority shall consider it on merits without being impeded by the issue of limitation and pass a reasoned and speaking order in accordance with law within four weeks thereafter.ratio¶20
If the appropriate revision petition is filed by the petitioner within four weeks, the vehicle in question shall not be auctioned till the disposal of the revision petition.ratio¶21

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.2509 of 2026 (order dated 23-02-2026, bench of Mohit Kumar Shah and Alok Kumar Pandey JJ, order rendered per Mohit Kumar Shah J): writ petition challenging (i) the order dated 12.09.2025 of the Collector-cum-District Magistrate, Kaimur at Bhabua in Excise (Vehicle Confiscation) Case No.44 of 2025 confiscating the petitioner's vehicle, arising out of Kaimur Prohibition P.S. Case No.117 of 2025 registered under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, and (ii) the order dated 26.11.2025 of the Excise Commissioner, Government of Bihar, Patna in Excise Appeal Case No.171 of 2025 dismissing the appeal and upholding the confiscation order. At the outset, on the learned counsel's prayer, the Court granted liberty to challenge both orders by filing an appropriate revision petition under Section 93 of the Act, 2016, and directed that if such revision petition is filed within four weeks, the revisional authority shall consider it on merits without being impeded by the issue of limitation and pass a reasoned and speaking order in accordance with law within four weeks thereafter, and that the vehicle in question shall not be auctioned till disposal of the revision petition. The writ petition stood disposed of on these terms.

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

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

The Excise Commissioner, Government of Bihar, Patna.

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

The Superintendent of Police, Bhabua, Kaimur.

The Officer-in-Charge, Prohibition Police Station, Bhabua, Kaimur.

... ... Respondent/s

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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)

2 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.

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.

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.

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

(Mohit Kumar Shah, J)

(Alok Kumar Pandey, J)

kanchan/-

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