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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1170 of 2024

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Surendra Ray son of Maganchan Ray Village- Kochwara Rasulpur Po- Arvind

Nagar Bajahia Ps- Dariyapur Dist- Saran

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Dept. of Mines and Geology,

Govt. of Bihar, Patna Bihar

2. The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar

3. The District Magistrate, Bhojpur, Ara Bihar

4. The Superintendent of Police, Ara Bihar

5. The Mineral Development Officer, Bhojpur, Ara Bihar

6. The District Mining Inspector, Bhojpur, Ara Bihar

7. The SHO Koilwar Bhojpur, Ara Bihar

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Abhishek Singh, Advocate

Mr. S. K. Mishra, Advocate

Mr. Anand Tiwari, Advocate

For the State : Mr. Saurav Kumar, AC to GA-5

For Deptt. of Mines : Mrs. Kalpana, Advocate

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

3 29-01-2026 The present writ petition has been filed seeking

following relief(s):-

"i. For issuance of writ in the nature of

"Mandamus" upon the concerned

respondents to release the seized truck of the

petitioner bearing registration number UP-

92T-2881 which has been illegally seized on

25.04.2024 despite having valid challan and

without assigning any reasons what so ever.

ii. For direction to the respondents to issue

official letter to all the authorized stone

Patna High Court CR. WJC No.1170 of 2024(3) dt.29-01-2026

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queries and sand mines and give a direction

to measure the volume of material whereas

at present it is a common practice that

mining stations measures laden weight in

Kilo Gram and then they divide the total

quantity by 40 and the result is considered as

volume of material which is not correct

always.

iii. For direction to respondent authorities to

pay compensation to the petitioner for

illegal confinement of his commercial

vehicle.

iv. The Hon'ble Court may award the cost of

litigation and suitable compensation to the

petitioner for the loss and damages on

account of unfair, illegal and arbitrary

action of respondents.

v. For any other relief or reliefs for which

the petitioner be found entitled in the eye of

law."

2. At the outset, learned counsel for the petitioner

submits that he does not want to press the relief and would be

satisfied, if the truck of the petitioner bearing Registration No.

UP-92T-2881 be released in favour of the petitioner on payment

of penalty amount of Rs.2,49,619/-. Learned counsel further

submits that since the truck has been seized for almost two

years, the petitioner is not in a position to make payment in one

Patna High Court CR. WJC No.1170 of 2024(3) dt.29-01-2026

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go and if, easy installments are allowed, the petitioner would

make the payment and the truck of the petitioner may be

released after payment of first installment.

3. Learned counsel appearing on behalf of Department

of Mines opposes the submission made on behalf of the

petitioner regarding payment of amount in easy installment.

She, however, submits that if the Court is inclined the petitioner

be directed to make payment in 2-3 installments only. Learned

counsel further submits that the confiscation proceeding has

been started in this case.

4. Having regard to the rival submission of the parties

and considering the fact that the petitioner has confined his

prayer only for release of his truck on payment of installment, I

think it fit and proper that the amount of Rs.2,49,619/- be paid

by the petitioner in five installments. First installment of

Rs.50,000/- will be paid on or before 27.02.2026 and rest

amount of Rs.1,99,619/- shall be paid in four monthly

installments on or before 15th day of every month starts from

April, 2026. If the petitioner makes the payment of the

installment in terms of the present order, after payment of last

installment, the case against the petitioner would be drop