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2025 Supreme(Online)(Pat) 1768
PATNA HIGH COURT
HONOURABLE MR. ARUN KUMAR JHA, J
Bhairab Thakur – Appellant
Versus
The State Of Bihar Through The Chief Secretary, Government Of Bihar – Respondent
Criminal Writ Jurisdiction Case No.544 of 2024 | Criminal Writ Jurisdiction Case No. 2079 of 2024
Important Points
Subject
Criminal Law - Writ Jurisdiction
Act Referred
Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019: S.56, S.61
Indian Penal Code: S.379, S.34
Headnote
(B) Quashing of FIR - Criteria for quashing an FIR are established by the guidelines laid down in State of Haryana v. Bhajan Lal, including lack of prima facie case and absence of cognizable offence. (Para 10)
Facts of the case:
Petitioners sought quashing of FIR for illegal mining, claiming the land in question is their own agricultural land, and therefore no violation of mining laws occurred.
Findings of Court:
The disputed facts prevent the court from quashing the FIR, suggesting appropriate legal recourse be taken in trial court.
Issues: Whether the institution of the FIR violated mining laws and if the FIR against the petitioners is maintainable despite claims of ownership.
Ratio Decidendi: The court ruled that disputed facts must be resolved in a full trial rather than in writ proceedings, which are not suited for fact-finding. The validity of the FIR was not conclusively established, leading to dismissal of the petitions but allowing further recourse.
Result: Writ petitions dismissed.
For the Appellants/Petitioners:Mr. Binodanand Mishra, Sr. Advocate, Mr. Sandeep Kumar, Advocate
For the Respondents:Mr. Md. Harun Quareshi, AC to SC-1, Mr. Naresh Dikshit, Spl. PPMises, Mrs. Kalpana, Advocate, Mr. Raghwendra Kumar, SC-22
| Table of Content |
|---|
| 1. initiation of fir and legality of allegations (Para 1) |
| 2. court's analysis on jurisdiction for quashing fir (Para 10) |
| 3. writ petitions dismissed with open issues for litigation (Para 12 , 13) |
CAV JUDGMENT
Date :16-12-2025
Cr.WJC No. 544 of 2024 has been filed on behalf of the petitioner, Bhairab Thakur, seeking following relief(s):
“(i) For issuance of an order, direction or writ including writ in the nature of certiorari quashing the F.I.R bearing the Rudrapur P.S. Case No 124 of 2023 dated 21/10/2023 registered for offences under section 04/21 Mines And Minerals (Regulation and Development) Act, 1957 , MMRD Act 1957 & 56 Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage), Revised Rules 2021 and Section 379 /34 of I.P.C.
(ii) For issuance of an appropriate declaration holding that institution of FIR and its investigation by the Police is contrary to the provisions of section 22 of the Mines and Minerals (Development and Regulation) Act 1957 and rule 61 of the Bihar Minerals (Concession, prevention of illegal mining, transportation & storage) Rules 2019.
(iii) For issuance of an appropriate declaration holding institution of F.I.R by the Police is totally without Jurisdiction and it is fit to be quashed by this Hon'ble Court.
(iv) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the present case.”
02. Cr.WJC No. 2079 of 2024 has been filed on behalf of the petitioner, Sushil Kumar Yadav @ Sushil Yadav, seeking following relief(s):
“(i) For issuance of an order, direction or writ including writ in the nature of certiorari quashing the F.I.R bearing the Rudrapur P.S. Case No 124 of 2023 dated 21/10/2023 registered for offences under section 379/34 of IPC 04/21 MMRD Act 1957 & 56 Bihar Minerals (Goods and Illegal Mining, Transport & Storage) Prevention, Revised Rules 2021.
(ii) For issuance of an appropriate declaration holding that institution of FIR and its investigation by the Police is contrary to the provisions of section 22 of the Mines and Minerals (Development and Regulation) Act 1957 and rule 61 of the Bihar Minerals (Concession, prevention of illegal mining, transportation & storage) Rules 2019.
(iii) For issuance of an appropriate declaration holding institution of F.I.R by the Police is totally without Jurisdiction and it is fit to be quashed by this Hon'ble Court.
(iv) For issuance of an order, direction or writ including writ in the nature of mandamus, commanding the respondents to release the 6- wheeler tipper bearing Chasis No. HAR3DXSSL02819569, Engine No. H00257771, Reg. No. BR32GB6559 which has been taken away by the police 20.07.2024 from the petrol pump namely Ranjit Highway Service near Kanhauli (Jhanjharpur).
(v) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the present case.”
03. Briefly stated, common facts in both the aforesaid case(s), are that the District Mining Officer, Madhubani gave a written report to the SHO, Rudrapur P.S., Madhubani about illegal mining and seizure of vehicle and on the basis of said written report, Rudrapur P.S. Case No. 124 of 2023 has been instituted under Sections 379 /34 of the Indian Penal Code , Section 4 /21 of Mines and Minerals (Development and Regulation) Act, 1957, (for short ‘the MMDR Act’) and Rule 56 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 (for short ‘the 2019 Rules’). In the written report, it has been stated that at 10:00 PM on 20.10.2023, the informant received a secret information about illegal mining of sand in between river Kamla and its eastern embankment road at Village - Mahrail by a JCB. When the raid was conducted, a JCB, and one Tipper (six wheeler) loaded with white sand, were found and the drivers fled away from the spot on seeing the raiding party. Photographs and measurement were taken for the area from which illegal excavation of sand was mad
