Patna High Court
Jitendra SinghversusThe state of bihar through Principal Secretary, Department of Mines and Geology,Government of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court modified the May 8, 2025 order, directing interim release of the vehicle upon payment of the second instalment and subsequent instalments, and barred the Mining Department from coercive action unless the petitioner defaults.
Summary
The petitioner, Jitendra Singh, filed an application seeking modification of a May 8, 2025 order that had ordered the seizure of his vehicle in a mining‑related dispute. The court considered the petitioner's willingness to pay the pending second instalment of Rs.56,000 and to discharge the remaining amount in four equal monthly instalments starting March 2026. It was held that, subject to the petitioner making these payments, the vehicle should be released as an interim measure and the Mining Department would not take coercive action. If the petitioner defaults, the department may repossess the vehicle. Accordingly, the earlier order was modified to reflect these conditions. The modification application was allowed.
Issues considered
- Whether the order of vehicle seizure can be modified on the condition that the petitioner pays the pending instalment and subsequent instalments?
Subjects
- vehicle seizure
- mining department
- installment payment
- modification of order
- criminal writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85795 of 2025
In
Criminal Writ Jurisdiction Case No.118 of 2025
Arising Out of PS. Case No.-273 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Jitendra Singh, son of Ram Awadh Singh, R/O Village- Nati, Post- Kaithi,
P.S- Sonahan, Nati, Kaithi, Distt.- Kaimur (Bhabua)- 821109 (Bihar).
... ... Petitioner
Versus
1. The state of Bihar through Principal Secretary, Department of Mines and
Geology, Government of Bihar Patna
2. The Principal Secretary, Home Department, Government of Bihar, Patna.
Bihar
3. The District Magistrate, Kaimur Bihar
4. The Superintendent of Police, Kaimur Bihar
5. The Mineral Development Officer, Kaimur ( Bhabua). Bihar
6. The District Mining Officer, Kaimur (Bhabua). Bihar
7. The Mining Inspector, Kaimur (Bhabua). Bihar
8. The Officer-in-Charge, Mohania Police Station, Kaimur. Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Singh, Advocate
For the State : A.A.G.- 04
For the Mines Department: Mr. Naresh Dikshit, Advocate
Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 11-02-2026 Heard learned counsel for petitioner, learned
counsel for the State and learned counsel for the Mining
Department.
2. This application has been filed for
modification of the order dated 08.05.2025 passed in Cr.W.J.C.
No.118 of 2025.
3. For the reasons mentioned in this
Patna High Court CR. MISC. No.85795 of 2025(5) dt.11-02-2026
2/2
application, it is allowed.
4. The demand draft of Rs.56,000/- towards the
second installment is being handed over to the learned counsel
for the Mining Department in the Court. The petitioner
undertakes that the remaining amount shall be paid by him in
four equal monthly installments beginning from March, 2026.
5. In view of the above, the vehicle in question
is directed to be released by way of interim measure. If the
petitioner goes on paying the installments, the Mines
Department will not take any coercive step against the
petitioner. However, if the petitioner fails to deposit the
installment, as stated above, the Mines Department will
repossess the vehicle in question.
6. Accordingly, the order dated 08.05.2025
passed in Cr.W.J.C. No.118 of 2025 is modified to the above
extent.
7. This modification application is allowed in
the above terms.
(Sandeep Kumar, J)
pawan/-
U T
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