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2025 Supreme(Online)(Pat) 4718

PATNA HIGH COURT
SANDEEP KUMAR, J
Sumit Kumar Singh – Appellant
Versus
The State of Bihar through the Principal Secretary, Department of Mines and Geology, Government of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Anand Kumar Tiwari, Mr.Santosh Kumar
For the Respondents: Mr. Majid Mahboob Khan

Table of Content
1. legality of penalty and seizure without proper notice and hearing. (Para 4 , 5)
2. arguments regarding necessity of notice and hearing in penalty imposition. (Para 6 , 7)
3. judicial directive for reconsideration of penalty following due process. (Para 8 , 9 , 10)

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has been imposed penalty of Rs. 10 lakhs.

3. The following prayer has been made in the writ petition:-

‘ i) For issuance of an appropriate Writ/Writs, direction/directions or orders/order especially in the nature of Certiorari, to set-aside the order of seizure and confiscation dated 08.09.2025 of the petitioner's JCB Vehicle bearing Registration No. BR31GC 3266, Engine No. H00421336, Chassis No. HAR3DX54H03387160, seized in Raja Pakar P.S. Case No. 178 of 2025. (ii) Issue an appropriate writ/order/direction for release of the petitioner's JCB Vehicle bearing Registration No. BR31GC/3266, Engine No. H00421336, Chassis No. HAR3DX54H03387160, seized in Raja Pakar P.S. Case No. 178 of 2025, in favour of the petitioner.

(iii) Hold and declare that the seiz

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