Rajkeshwar Singh v. The State Of Bihar , Through The Principal Secretary, Home Dept. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.585 of 2024 Arising Out of PS. Case No.-329 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Rajkeshwar Singh SON OF MANIK SINGH Village- parariya PS -Barun District-aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar , Through The Principal Secretary, Home Dept. Govt. Of Bihar, Patna Bihar 2.

The Principal Secretary-Cum-Commissioner, Dept. Of Mines And Geology, Govt. Of Bihar, Patna Bihar 3.

The Director General Of Police, Bihar, Patna Bihar 4.

The Superintendent Of Police, Aurangabad, Bihar Bihar 5.

The Mining Development Officer, Aurangabad, Bihar Bihar 6.

The SHO, Barun PS, Aurangabad, Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Bahadur Singh For the Respondent/s :

Mr. A.A.G.9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed for the following reliefs:

I). For issuance of writ of mandamus and any other writ or writs, order/orders direction/directions to the concerned respondent authority to release the vehicle i.e. Loader bearing Chassis No.

NHN55000ZKB458385 and Engine No.- 253741DT Holand Company.11. For further direction to the concerned respondent's authority not to harass and

Patna High Court CR. WJC No.585 of 2024(2) dt.15-07-2025 2/2 prosecute the Petitioner in a concocted and planted case being the owner of the Loader Machine, despite the fact that the said Loader Machine was not seized from mining place from where other Truck and other vehicles were seized;

II). For further direction to the concerned respondent's authority not to harass and prosecute the Petitioner in a concocted and planted case being the owner of the Loader Machine, despite the fact that the said Loader Machine was not seized from mining place from where other Truck and other vehicles were seized.

3. The learned counsel for the State has submitted that the petitioner has an alternative remedy of filing a release petition in the District Court.

4. In these circumstances, this application is disposed of with liberty to the petitioner to approach the District Court concerned for release of the vehicle in question by way of filing a release petition.

5. If any such a petition is filed in the District Court concerned, the same shall be considered and disposed of by the Court below within one month of its filing in accordance with law.

(Sandeep Kumar, J) Shishir/- U