Radheshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1207 of 2026 ====================================================== Radheshyam Kumar Son of Siti Ray, Resident of Village- Bela, Police Station- Neora, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Mines and Minerals Department, Government of Bihar at Patna.

2.

The Director Mines and Mineral Department, Government of Bihar at Patna. 3.

The District Magistrate, District Patna, at Patna. 4.

The District Mining Officer cum Mine Development Officer, District Patna at Patna.

5.

The Mining Inspector, District Patna, at Patna. 6.

The Senior Superintendent of Police, District Patna, at Patna. 7.

The Officer in Charge of Bihta Police Station, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar Singh, Advocate For the Respondent/s :

Mr. Standing Counel (25) For the Mines :

Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2026 Heard Mr. Chandan Kumar Singh, learned counsel for the petitioner and Ms. Shruti Singh, learned counsel representing the Mines Department beside learned State counsel, Mr. Wasi Ahmad Khan.

2. The present petition has been preferred for the following relief(s):

"For issuance of appropriate writ directing the respondent authorities to release the petitioner's vehicle (Truck) bearing registration no. BR01GM7335, Chasis no. MAT466388E5DO4339 in his favour.

(ii) For grant of any other relief/reliefs for which petitioner is found entitled under the fact and

Patna High Court CWJC No.1207 of 2026(3) dt.30-04-2026 2/2 circumstances of the case."

3. A counter-affidavit has come on behalf of the Mines Department which shows that in terms with the 2024 Amendment, the fine amounts are already there in the chart.

4. Learned counsel for the petitioner submits that though notice had been issued pursuant to the memo no. 804 dated 01.04.2026, no further order has been issued.

5. Learned counsel for the Mines Department submits that the petitioner has to submit his show cause so that an appropriate order can be passed. In alternative, the release can always be done once the fine amount is paid.

6. Having heard the parties, this Court allows the petitioner to approach the concerned respondent, Mineral Development Officer, Patna in next four weeks by submitting a proper reply/show cause to the notice issued earlier who shall be taking steps and shall be passing an appropriate order in accordance with law thereafter.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U