Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1175 of 2026 ====================================================== Rakesh Kumar Son of Lalo Prasad Yadav, R/o Village-Chitarkoli, PostRajauli, P.S.-Rajauli, District-Nawada, Bihar-805125. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.

The Director, Mines and Geology Deparmtent, Bihar, Patna. 3.

The District Magistrate, Nawada.

4.

The Assistant Director, Mines and Geology Department, Nawada. 5.

The Mineral Development Officer, District Mining Office, Nawada. 6.

The Mining Inspector, Nawada.

7.

The S.H.O. Nemdarganj Police Station, Nawada. 8.

The TATA AIG General Insurance Company Limited through legal manager, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate For the State :

Mr. Standing Counsel (26) :

Mr. Tripurari Nath Ambastha, AC to SC-26 For the Mines Dept.

:

Mr. Naresh Dikshit, Spl. PP Mines For the Resp. No.8 :

Mr. Santosh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2026 Heard the parties.

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

"(i) for issuance of appropriate writ/writs, direction/directions and order/orders for quashing the illegal seizure of the petitioner's vehicle bearing registration no. BR-27-GA-9775, 52A64444382, and Engine no. chassis no.

MAT828048S1A02708 which is at Serial No. (5) of the seizure memo dated 11.01.2026 which was

2/4 seized by order dated 11.01.2026 contained in letter no. 01/Kha.

(ii) for issuance of appropriate writ/writs, direction/directions and order/orders directing the immediate release of the petitioner's seized vehicle its as prolonged seizure is causing financial distress.

(iii) for issuance of appropriate writ by granting interim relief by directing the release of the petitioner's vehicle during the pendency of this writ petition.

(iv) for issuance of appropriate writ/writs, direction/directions and order/orders, which the petitioner is found entitled under the facts and circumstances of the case."

3. The matter relates to seizure of the Truck of the owner having Registration No. BR-27-GA-9775 by the District Mining Office, Nawada on 11.01.2026 at 10:20 PM.

4. The case of the petitioner is that the Truck was loaded with stone chips at Koderma, Jharkhand and was intended for Nalanda, Bihar. The e-challan was issued on 11.01.2026 at 08:29:55 PM having validity till 12.01.2026 at

3/4 03:14:52 AM It was intercepted at Nawada on 11.01.2026 at 10:20 PM and despite valid challan, seizure took place on the ground.

5. Learned counsel for the petitioner submits that in the case of Manoj Kumar Mehta vs. The State of Bihar and Ors. (CWJC No. 1173 of 2026) (which relates to seizure of another Truck the same night), the Court has passed an order with the direction to the petitioner to approach the District Mining Officer, Nawada for the redressal of the grievance who has to decide it within a time frame.

6. Learned counsel representing the Mines Department submits that if such petition is preferred in next three days, the respondent shall ensure that it is disposed within a fortnight.

7. In the case of Manoj Kumar Mehta (supra) disposed of on 02.04.2026, this Court beside giving direction to the Department of Mines and Minerals, Bihar, Patna to get all interception of vehicles videographed and issue necessary direction accordingly, on the undertakings given by the parties, directed the petitioner to approach the District Mining Officer, Nawada within a period of three days who has been directed to ensure that a decision is taken within a fortnight as assured by the learned Special PP Mines.

4/4

8. In that background, this writ petition is also disposed of allowing the petitioner to approach the District Mining Officer, Nawada in next three days who shall ensure that the petition so presented is disposed of within a period of fortnight thereafter.

(Rajiv Roy, J) vinayak/- U