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State of Bihar - Section

Section 58 in Bihar Excise Act, 1915

58. [ Order by Collector to pay compensation. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]

(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) the Collector, when passing an order under this Act may, if he is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than four lakh rupees to the legal representatives of each deceased or two lakh rupees to the person to whom grievous hurt has been caused, or twenty thousand rupees to the person for any other consequential injury:Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee.
(2)The Collector may recover the said compensation as "Public Demand" under the Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914).
(3)Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, prefer an appeal to the High Court:Provided that no appeal can be filed by the accused unless the amount ordered to be paid under sub-section (1) is deposited by him in the court:Provided further that the High Court may entertain an appeal after expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.]