Devan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2582 of 2026 ====================================================== Devan Yadav Son of Late Ram Binod Ydava, R/o Village- Hamid Nagar, P.S.- Upahara District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Mines and Geology Department, Government of Bihar, Patna. 2.

The Special Secretary -Cum- District Mines and Geology Department, Bihar, Patna.

3.

The District Mines Officer, Aurangabad (Bihar). 4.

The District Magistrate, Aurangabad (Bihar).

5.

The Mines Inspector, District Mines Officer, Aurangabad (Bihar). 6.

The S.P., Aurangabad (Bihar).

7.

The Sub- Divisional Police Officer, Daudnagar, Aurangabad (Bihar). 8.

The Officer -In- Charge, Police Station Upahara, District- Aurangabad (Bihar).

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

For the Petitioner/s :

Mr. Ranjit Kumar, Adv.

For the Respondent/s :

Mr. Government Pleader (04) For the State :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2026 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "1-That the present writ application is directed for issuance of appropriate direction(s) to the respondents for release of the Vehicle which tractor bearing Reg. no. BR26K 1196 (Commercial) bearing Chasis No. REMW 05798, Engine no. -RENW 05798 including Tailor bearing Chasis no. XYZ112015 and

Patna High Court CWJC No.2582 of 2026(3) dt.22-07-2026 2/3 Engine no. 6162. Which is subject matter of the Confiscation case arising out of Upahara P.S. Case no. 69/2025 registered for the offences Under Sections - 303(2) /317(2)/3 (5) B.N.S. Act and U/S 21 M.M. D.R. Act, 1957 and Confiscation proceeding has already been started for Confiscation of the aforesaid Vehicle."

3. Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of 'Admission' with the consent of both the counsels.

4. Learned counsel appearing on behalf of the petitioner on instructions submits that his client is ready to pay the penalty amount of Rs. 1,10,650/- as per the order dated 09.04.2026 (Annexure- R/A) and the authorities may be directed to release the vehicle.

5. Having regard to the above made submissions, the present writ petition is disposed of directing the petitioner to pay the penalty amount of Rs. 1,10,650/- within a period of four weeks from the date of receipt of the copy of this order. On payment of the above said amount, the concerned authority i.e. District Mines Officer (Respondent No. 3) shall forthwith release the vehicle bearing Reg. no. BR26K 1196.

6. It is made clear that the petitioner shall give an

Patna High Court CWJC No.2582 of 2026(3) dt.22-07-2026 3/3 undertaking to the effect that he will not alienate / create any third party of the vehicle pending the proceedings of P.S. Case No. 69 of 2025. Further, the petitioner shall also state in his undertaking that he will produce the vehicle as and when necessary before the concerned authority during the pendency of the above case.

7. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U