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Patna High Court

Jitendra SinghversusThe state of bihar through Principal Secretary, Department of Mines and Geology,Government of Bihar

Decided
Disposal
ALLOWED

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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