IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1419 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Saran ======================================================

Brij Kishor Prasad, Son of Sohaban Ray, resident of Village- Jalalpur, PS-

Doriganj, Dist- Saran ... ... Petitioner/s Versus

1. The State Of Bihar, through Chief Secretary, Govt. Of Bihar, Patna, Bihar Bihar

2. The Additional Chief Secretary Cum Mines Commissioner, Patna, Bihar Bihar

3. The Mines Development Officer, West Champaran , Motihari, Bihar Bihar

4. The District Magistrate Cum Collector, Saran, Bihar Bihar

5. The Mines Inspector, Motihari, Saran, Bihar Bihar

6. Station House Officer, PS- Sangrampur, Saran, Bihar Bihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Ms. Chhaya Kirti, Advocate For the Respondent/s : Mr. Pankaj Kumar, SC-12 For the Dept. of Mines : Mr. Utsav Anand, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

CAV JUDGMENT

Date : 20-02-2026 The petitioner has filed the present writ petition seeking following reliefs :

“(i) For issuance of an appropriate writ(s), order (s) or direction (s) in the nature of mandamus or any other writ(s) order(s direction(s) to the respondent authorities to release the vehicle i.e. 12- wheeler Truck bearing registration no. BR01GL9906 in favour of the petitioner as seized by respondent no.5-Mines Inspector, Motihari vide memo of seizure dated 08.11.2023 and further taken into the custody of SHO, P.S.- Sangrampur i.e. respondent no.6 under actions prescribed in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2021.

(ii) For issuance of appropriate writ(s), order(s) or direction(s) in the nature of mandamus or any other writ(s) order(s) direction(s) to the respondent authorities to cancel the letter dated 27.11.2023 whereby which the respondent no. 3 has imposed penalty in order to get the vehicle released.

(iii) For issuance of appropriate writ(s), order(s) or direction(s) in the nature of mandamus or any other writ(s) order(s) direction(s) to the respondent authorities to pay the damages or compensation for the loss so suffered by the petitioner due to the illegal actions of the respondents as it has affected the business of the petitioner as well as deteriorated the value of the vehicle.

(iv) For issuance of any other writ(s) order(s) or direction(s) as the petitioner is entitled to.

2. Briefly stated, the facts giving rise to the present writ petition are that the petitioner is stated to be the owner of a 12 wheeler Truck bearing registration no. BR-01GL-9906 with Chassis No. MAT466388G3G55989 and Engine No. 61G68352458. The petitioner is engaged in transportation business. The petitioner claims that he possessed a valid challan dated 05.11.2023 issued by the Government of Bihar, explicitly authorizing the transportation of yellow sand weighing 22.70 metric tonnes equivalent to 567.50 CFT in volume.

3. Further case of the petitioner is that during a routine inspection, the truck of the petitioner was inspected by the Mines Inspector, Motihari and further weighed as 34.695 MT in gross which was found within the permissible limit for transportation. However, the loaded vehicle was seized by the Mines Inspector and later sent to the custody of SHO, Sangrampur without any valid reason. The said vehicle has the valid permit laden limit of 35,000 Kg (35MT) in total and the vehicle with load was found well within the permissible weight limit. Even then, the Mines Development Officer, vide letter dated 27.11.2023, under Rule 56(4) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Amended Rules, 2021 (hereinafter to be referred as 'Rules, 2021'), directed the petitioner to pay penalty of Rs.

2,65,596/- within thirty days.

4. The learned counsel for the petitioner submitted that the concerned r