##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.789 of 2026

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

Urmila Devi Wife of Awdhesh Singh, Resident of Village- Mahuar, P.S-

Ramgarh, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

1. The State of Bihar Bihar.

2. The District Magistrate, Kaimur (Bhabua).

3. The Superintendent of Police, Kaimur (Bhabua).

4. The Superintendent of Prohibition Excise, Kaimur (Bhabua).

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

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Sarfraz Ahmad, Adv.

Mr. Sonu Singh, Adv.

For the State : Mr.Pratik Kumar, AC to GA-11

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

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 28-01-2026

The present writ petition has been filed for quashing the

order dated 18.10.2025, passed by the learned Court of

Collector-cum-District Magistrate, Kaimur (Bhabhua) in Excise

(Vehicle Confiscation) Case No. 12/2025, whereby and

whereunder the vehicle of the petitioner i.e. Mahindra Swaraj

Tractor bearing Registration No. BR45GA1020 has been

confiscated and directions have been issued to auction sale the

same in connection with Kaimur (Prohibition) P.S.Case No.

431/2025 dated 23.6.2025, registered under Section 30(a), 32(i),

Patna High Court CWJC No.789 of 2026 dt.28-01-2026

2/4

32(ii), 41(i) and 41(ii) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as “the Act, 2016”) against

unknown persons on account of recovery of 10.20 liters of illicit

liquor from the said vehicle as also 262 liters of illicit liquor

from an open space.

2. The learned counsel for the petitioner submits that a

meager quantity of illicit liquor has been recovered from the

vehicle of the petitioner and moreover, the confiscating

authority, in the impugned order dated 18.10.2025, has not

recorded any reason to the effect that releasing the vehicle in

question shall not be in public interest, hence the impugned

order dated 18.10.2025 is illegal and fit to be set aside. In this

connection, reference has been made to a judgment dated

13.11.2025, passed by the learned Division Bench of this Court

in CWJC No. 10777 of 2025 (Santosh Kumar vs. The State of

Bihar & Ors.). Nonetheless, the learned counsel for the

petitioner is not averse to the idea of challenging the said order

dated 18.10.2025, by filing an appeal under Section 92 of the

Act, 2016, as amended up to date, however he submits that the

appellate authority be directed to consider the submissions to be

pleaded in the appeal by the petitioner as also take into account

the aforesaid judgment rendered in the case of Santosh Kumar

Patna High Court CWJC No.789 of 2026 dt.28-01-2026

3/4

(supra) and pass a reasoned and a speaking order within a

stipulated time frame.

3. Having regard to the facts and circumstances of the case,

we deem it fit and proper to grant liberty to the petitioner to

challenge the aforesaid order dated 18.10.2025, passed by the

learned Collector-cum-District Magistrate, Kaimur (Bhabhua) in

connection with Excise (Vehicle Confiscation) Case No.

12/2025, by filing appropriate appeal and in case such an appeal

is filed within a period of four weeks from today, annexing the

aforesaid judgment, passed in the case of Santosh Kumar

(supra), 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, considering all the

submissions made by the petitioner in the appeal as also

considering the effect of the aforesaid judgment rendered by the

learned Division Bench of this Court in the case of Santosh

Kumar (supra) within a period of six weeks, thereafter.

4. It is made clear that in case appropriate appeal is filed

within a period of four weeks from today, the vehicle in

question shall not be p