Siddarth Kumar Verma v. The State Of Bihar Through The Principal Secretary, Dept. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1799 of 2024 Arising Out of PS. Case No.-301 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Siddarth Kumar Verma Son of Shri Ashok Kumar Verma Mohalla -Miscot, PS -Motihari Town, District- East Champaran at Motihari ... ... Petitioner/s

Versus

1.

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

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

The Principal Secretary, Dept. Of Transport, Govt. Of Bihar, Patna Bihar 4.

The Collector, East Champaran Bihar 5.

The Superintendent Of Police, East Champaran Bihar 6.

The District Mines Officer, East Champaran Bihar 7.

The District Transport Officer, East Champaran Bihar 8.

The S.H.O. Muffasil Ps. , Dist- East Champaran Bihar 9.

The Investigating Officer, Muffasil Ps Case No. 301/2024, Dist- East Champaran Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhu Prasun For the Respondent/s :

Mr.G.P.23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present application has been filed for the following reliefs:

i). For issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/directions commanding the concerned respondents to ensure inclusion of

Patna High Court CR. WJC No.1799 of 2024(3) dt.03-07-2025 2/3 relevant penal sections of the Mines Act as well as the Motor Vehicles Act in the FIR of Muffasil P.S. Case No.- 301/2024, which has been registered against the accused persons under sections 379/147/149/327/504/506 of the Indian Penal Code although as per the prosecution case and as per the evidence collected during investigation offences admittedly has been committed under the relevant penal sections of the Mines Act, the Motor Vehicles Act and other more grievous sections of the Indian Penal Code.

ii). For issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/directions commanding the concerned respondents to fix proper accountability on Respondents No.- 6 & 7, who knowing that mining was done by the accused persons and others of Mufassil P.S.

Case No.-301/2024, who are having no title over the landin question and who have used JCB (without registration plate) and Hyva Truck in most illegal manner but in spite the Respondent No.-6 & 7 deliberately and in order to give illegal benefits to the aforesaid accused persons and others have not properly enquired into the matter or included relevant penal sections of the Mines Act and the Motor Vehicles Act in the FIR, especially in view of the fact that the Respondent No.-9 has also served official intimation letter on the

Patna High Court CR. WJC No.1799 of 2024(3) dt.03-07-2025 3/3 Respondent No.-6.

3. Pursuant to the order dated 26.06.2025, the SHO of Motihari Muffasil Police Station, Motihari and the I.O. of the case have appeared. They submit that the accused persons are on bail. They have assured this Court that they will complete the investigation at the earliest.

4. In these circumstances, nothing remains in the case as the accused persons are already on bail and accordingly, the present application stands disposed of.

5. The personal appearance of the officers is dispensed with.

(Sandeep Kumar, J) Shishir/- U