Disposed¶20

Prem Piyush Gupta v. The State of Bihar

Patna HC28 Jan 2026CWJC/912/2026

Case brief

AI extract

What is this about?

Vehicle confiscation under Bihar Prohibition and Excise Act, 2016; writ petition disposed of with liberty to file statutory appeal under Section 92; appellate authority barred from impeding appeal on limitation if filed within four weeks; reasoned speaking order mandated within six weeks; Excise (Vehicle Confiscation) Case No. 309 of 2025; Collector cum District Magistrate, Kaimur at Bhabhua; Maruti Suzuki Car Regn. No. MP21CB7786; Patna High Court CWJC No.912 of 2026, decided 28-01-2026.

What did the court decide?

Liberty to challenge the confiscation order dated 18.10.2025 by filing an appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 within four weeks; the appellate authority to decide without being impeded by limitation and pass a reasoned and speaking order within six weeks thereafter. ¶20

Prem Piyush Gupta Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the order dated 18.10.2025 passed by the Collector cum District Magistrate, Kaimur at Bhabhua confiscating the petitioner's Maruti Suzuki Car bearing Registration No. MP21CB7786 and directing its auction should be set aside.

¶15

Court's answer

Liberty is granted to the petitioner to challenge the order dated 18.10.2025 passed by the Collector cum District Magistrate, Kaimur at Bhabhua by filing an appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.

¶18

Ratio / Principle

If the appropriate appeal is filed before the appellate authority within four weeks, the appellate authority shall consider it without being impeded by the issue of limitation and pass a reasoned and speaking order in accordance with law within six weeks thereafter.

¶19

Detailed headnote1 paragraphs

Patna High Court (Coram: Mohit Kumar Shah and Alok Kumar Pandey, JJ; per Mohit Kumar Shah, J) disposed of Civil Writ Jurisdiction Case No.912 of 2026 by order dated 28-01-2026. The petition challenged the order dated 18.10.2025 of the Collector cum District Magistrate, Kaimur at Bhabhua in Excise (Vehicle Confiscation) Case No. 309 of 2025, whereby the petitioner's Maruti Suzuki Car bearing Registration No. MP21CB7786 was confiscated and directed to be put on auction. Without ruling on the merits, the Court granted the petitioner liberty to challenge the said order by filing an appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, directing that if such appeal is filed within four weeks, the appellate authority shall decide it without being impeded by the issue of limitation and pass a reasoned and speaking order in accordance with law within six weeks thereafter.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.912 of 2026

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

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Prem Piyush Gupta Son of RamJanak Gupta, Resident of Village- Naya Gaon Lakhera, P.S.- Lakhera, District- Katni (MP).

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... ... Petitioner

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Versus

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The State of Bihar.

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The District Magistrate, Kaimur (Bhabua).

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The Superintendent of Police, Kaimur (Bhabua).

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The Superintendent of Prohibition, Kaimur (Bhabua).

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The Station House Officer, Mohaniya Police Station Kaimur (Bhabua).

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate For the State : Mr. Chandra Shekhar Singh, AC to G.A. 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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2 28-01-2026

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The present petition has been filed for setting aside the order dated 18.10.2025 passed by the Collector cum District Magistrate, Kaimur at Bhabhua in Excise (Vehicle Confiscation) Case No. 309 of 2025 whereby and whereunder Maruti Suzuki Car bearing Registration No. MP21CB7786 of the petitioner has been confiscated and it has been further directed to put the same on auction.

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At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to challenge the said order dated 18.10.2025 passed by the learned Collector

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Patna High Court CWJC No.912 of 2026(2) dt.28-01-2026 2/2

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cum District Magistrate, Kaimur at Bhabhua by filing appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. Liberty, so sought, is granted.

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It is needless to state that in case appropriate appeal is filed before the appellate authority within a period of four weeks from today, the appellate authority shall consider the same 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.

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

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(Mohit Kumar Shah, J)

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( Alok Kumar Pandey, J)

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shahzad/amitkumar

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Prem Piyush Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Piyush Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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