Shivnarayan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shivnarayan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to challenge the confiscation/auction-sale order dated 06.01.2026 (Confiscation Case No. 420 of 2025, District Magistrate, Buxar) by filing an appeal under Section 92 of the Act, 2016; upon filing within four weeks, the appellate authority to consider the appeal on merits and pass a reasoned and speaking order within a further four weeks.

Issue for consideration

Whether the order dated 06.01.2026 passed by the District Magistrate, Buxar in Confiscation Case No. 420 of 2025, confiscating and auction-selling the petitioner's Tata Commercial Truck (UP 54 T 7505), should be set aside by this writ petition, or whether the petitioner should instead challenge it by filing an appeal under Section 92 of the Act, 2016 before the appellate authority.

Ratio / Principle

Liberty is granted to the petitioner to challenge the order dated 06.01.2026 passed by the learned Collector-cum-District Magistrate, Buxar by filing an appropriate appeal under Section 92 of the Act, 2016.

Key takeaways

If the petitioner files the appropriate appeal before the appellate authority within four weeks, the appellate authority shall consider the appeal on merits and pass a reasoned and speaking order, in accordance with law, within a period of four weeks thereafter.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (CWJC No. 2897 of 2026, decided 23-02-2026, per Mohit Kumar Shah, J; bench: Mohit Kumar Shah and Alok Kumar Pandey, JJ): Writ petition seeking setting aside of the order dated 06.01.2026 of the District Magistrate, Buxar in Confiscation Case No. 420 of 2025, whereby a Tata Commercial Truck (Regn. No. UP 54 T 7505) was directed to be confiscated and auction sold in connection with Buxar Excise P.S. Case No.282 of 2025 (registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 on recovery of 423 liters of illicit liquor), was not adjudicated on merits. At the petitioner's counsel's request, liberty was granted to challenge the said order by filing an appropriate appeal under Section 92 of the Act, 2016. The Court directed that if such appeal is filed before the appellate authority within four weeks, the appellate authority shall consider it on merits and pass a reasoned and speaking order in accordance with law within four weeks thereafter. Writ petition disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2897 of 2026

======================================================

Shivnarayan Yadav, Male, Son of Shrikant Yadav, Resident of Village Sarwan, PS- Sarwan, District Mau (Uttar Pradesh).

... ... Petitioner/s

Versus

The State of Bihar.

The District Magistrate, Buxar.

The Superintendent of Police, Buxar.

The Superintendent of Prohibition Excise, Buxar.

The Statoin House Officer, Excise Buxar Police Station, Buxar.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate For the Respondent/s : Standing Counsel (16) ====================================================== 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 for setting aside the order dated 06.01.2026 passed by the learned Court of District Magistrate, Buxar in Confiscation Case No. 420 of 2025 whereby and whereunder the Tata Commercial Truck bearing registration No. UP 54 T 7505 has been directed to be confiscated and auction sold in connection with Buxar Excise P.S. Case No.282 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act, 2016’) on account of recovery of 423 liters of illicit liquor, however, at the outset, the learned counsel

Patna High Court CWJC No.2897 of 2026(2) dt.23-02-2026 2/2

for the petitioner seeks liberty on behalf of the petitioner to challenge the said order dated 06.01.2026 passed by the learned Collector-cum-District Magistrate, Buxar by filing appropriate appeal under Section 92 of the Act, 2016. Liberty, so sought, is granted.

2. It is needless to state that in case appropriate appeal is filed by the petitioner before the appellate authority within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, withing a period of four weeks, thereafter.

3. Accordingly, present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J)

(Alok Kumar Pandey, J)

GAURAV S./- U