Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3066 of 2026 ====================================================== Ram Kumar S/o Ram Surat Chaudhary, R/o Village- Madwanagar, Gandhinagar, Marwa Nagar, P.O.- Basti, P.S.- Kotwali, District- Basti271001 (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.

2.

The Principal Secretary, Home Department, Government of Bihar, Patna. 3.

The District Magistrate, Saran at Chapra.

4.

The Superintendent of Police, Saran at Chapra. 5.

The Mineral Development Officer, Saran at Chapra. 6.

The District Mining Officer, Saran at Chapra. 7.

The Officer-in-Charge, Doriganj Police Station, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Singh, Advocate For the State :

Mr. Standing Counsel (07) For the Mines Dept.

:

Mr. Naresh Dikshit, Spl. PP Mines :

Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2026 Heard Mr. Abhishek Singh, learned counsel for the petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines duly assisted by Ms. Shruti Singh beside learned State counsel.

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

"(i) for issuance of writ in the nature of "Mandamus" upon the concerned respondents to release the seized truck of the petitioner bearing registration number UP-51-BT-8735 which has been seized on 27.11.2024.

(ii) for issuance of writ in the nature of "Mandamus" commanding the respondents not to

Patna High Court CWJC No.3066 of 2026(2) dt.30-04-2026 2/3 take coercive steps against the petitioner in pursuance of Doriganj P.S. Case no. 310/2024 which was registered on 27.11.2024 under sections 303(2), 317(2), 3(5) of the B.N.S. For issuance of an appropriate writ, direction or order upon the respondents herein for staying the investigation and further proceedings pursuant to F.I.R. pertaining to Doriganj P.S. Case no. 310/2024 which was registered on 27.11.2024 under sections 303(2), 317(2), 3(5) of the B.N.S. (iii) for issuance of writ in the nature of "Mandamus" commanding the respondents not to take coercive steps against the vehicle under consideration and further not to initiate any confiscation proceeding against the said vehicle under consideration. For issuance of an appropriate writ, direction or order upon the respondents herein for staying the confiscation proceedings if any initiated against the vehicle under consideration.

(iv) for any other relief or reliefs for which the petitioner be found entitled in the eye of law."

Patna High Court CWJC No.3066 of 2026(2) dt.30-04-2026 3/3

3. The stand of the petitioner is that despite the seizure made on 27.11.2024, even the notice has not been issued to him so that he could reply, do the needful, in accordance with law for the release of the vehicle.

4. Learned Spl. PP Mines submits that he should appear before the concerned respondent no.5, the Mineral Development Officer, Saran at Chapra for the redressal of the grievance.

5. Learned counsel for the petitioner submits that he undertakes to appear before the concerned respondent in next four weeks.

6. If the petitioner approaches the concerned respondent, proper notice shall be handed over to him (if still has not been issued) so that he could reply to it and if needed, can also deposit the fine amount for the release of the vehicle.

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

(Rajiv Roy, J) vinayak/- U