Rajesh Kumar @ Rajesh Singh v. The State Of Bihar Through Principal Secretary, Mining Dept. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1673 of 2023 Arising Out of PS. Case No.-229 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RAJESH KUMAR @ RAJESH SINGH SON OF RAM UDAY SINGH AT WARD NO.2, PAHARPUR B DARIYAPUR, P.S-. LAKHI SARAI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, MINING DEPT. GOVT. OF BIHAR, PATNA BIHAR 2.

SUPERINTENDENT OF POLICE, BHAGALPUR BIHAR 3.

DY. SUPERINTENDENT OF POLICE, THANADYACHHA, JAGADISHPUR, POLICE STATION, BHAGALPUR BIHAR 4.

OFFICE INCHARGE BYPASS T.O..P. JAGDISHPUR, BHAGALPUR BIHAR 5.

DISTRICT MINING OFFICER, BHAGALPUR BIHAR 6.

MINING INSPECTOR, BHAGALPUR BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Respondent/s :

Mr. Prashant Pratap Mr. Asit Kumar Jha, AC to GP 2 For the Mining Dept :

Mr. Naresh Dixit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Mining Department.

2. This application has been filed on behalf of the petitioner seeking direction upon the respondent authorities for release of truck bearing Registration No. BR-53G-9655.

3. It has been submitted by the learned counsel for the mining department that truck can be released if the petitioner pays the entire amount of Rs. 3,38,450/-.

Patna High Court CR. WJC No.1673 of 2023(5) dt.23-06-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is a poor persons and his truck is lying with the respondent authorities since 2021. He further submits that the petitioner is ready to pay the entire amount of Rs. 3,38,450/- in six equal installments.

5. In view of the above, this application is allowed and the petitioner is directed to pay the amount of Rs. 3,38,450/- in six equal installments to the mining department which comes to Rs. 56,400/- each.

6. It is made clear that after payment of the first installment, the truck bearing Registration No. BR-53G-9655 shall be released in favour of the petitioner. The balance amount shall be paid in five equal installments within twelve months from the date of first installment. The petitioner is also directed to produce surety of Rs. 15,00,000/- at the time of release of the truck and after payment of the entire amount of Rs. 3,38,000/- the petitioner shall be given an NOC by the Mining Department.

7. With the aforesaid directions, this application stands allowed.

(Sandeep Kumar, J) Vikas/- U