Patna High Court
Balendra Sahni @ Balendra SahaniversusTHE STATE OF BIHAR THROUGH PRINCIPAL SECT., DEPT. OF MINES AND GEOLOGY, GOVT. OF BIHAR,
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court directed the petitioner to pay the penalty of Rs.1,47,790 in three equal monthly installments, after which the truck will be released and the case dropped.
Summary
The petitioner, Balendra Sahni, filed a writ petition seeking the release of his seized truck on payment of a penalty of Rs.1,47,790. He limited his relief to release of the truck upon payment in easy installments and indicated no confiscation proceedings had been initiated. The State and the Department of Mines argued that the petition was not maintainable because an alternative remedy existed. The court considered the parties' submissions and directed the petitioner to approach the Mineral Development Officer (respondent no.5) to pay the penalty in three equal monthly installments, with the first due by 27‑02‑2026. Upon payment of each installment, the truck would be released, and after the final payment the case would be dropped. The petition was consequently disposed, with a warning that failure to pay would allow repossession of the truck.
Issues considered
- Whether the writ petition is maintainable when an alternative efficacious remedy is available
- Whether the petitioner can be directed to release the seized truck upon payment of the penalty in installments
Subjects
- truck seizure
- penalty payment
- installment payment
- writ jurisdiction
- release of property
- alternative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1495 of 2024
======================================================
Balendra Sahni @ Balendra Sahani Son Of Ganesh Sahni @ Ganesh Sahani
Village -Bhsluhi Rasil, Rampur Asli, Po- kurnowl, PS- Sahebganj Distt-
Muzaffarpur
... ... Petitioner/s
Versus
1. The State Of Bihar Through Principal Sect., Dept. Of Mines And Geology,
Govt. Of Bihar, Bihar
2. The Principal Secretary, Home Dept. Govt. Of Bihar, Patna Bihar
3. The District Magistrate, Saran At Chapra Bihar
4. The Superintendent Of Police, Saran At Chapra Bihar
5. The Mineral Development Officer, Saran At Chapra Bihar
6. The District Mining Officer, Saran At Chapra Bihar
7. The Sho Maker Police Station, Saran At Chapra Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanat Mishra, Advocate
Mr. Anand Tiwari, Advocate
Mr. Puspesh Singh, Advocate
Mr.Abhishek Singh, Advocate
For the State : Mr. Piyush Kumar Pandey, AC to SC-11
For Deptt. of Mines : Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 13-02-2026 Learned counsel for the petitioner, at the outset,
submits that he does not want to press any of the relief and
confines his prayer only to release of his truck bearing
Registration No. BR-04GA-0485 on payment of penalty amount
of Rs.1,47,790/- in easy installment. Learned counsel further
submits that as per his instruction no confiscation proceeding
has been started.
2. Learned counsel appearing on behalf of State-
Patna High Court CR. WJC No.1495 of 2024(2) dt.13-02-2026
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respondents submits that the present writ petition is not
maintainable as the petitioner has got alternative efficacious
remedy.
3. Learned counsel, Ms. Shruti Singh appears and
submits that she represents Department of Mines and respondent
nos. 5 and 6. However, the name of learned counsel of
Department of Mines is not appearing in the cause list. But she
submits that if the petitioner is ready to make payment, he may
be directed to make payment in one go but not in installments.
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,
the petitioner is directed to approach respondent no. 5 and he
will make payment of penalty amount of Rs.1,47,790/- and the
said amount will be paid in three equal monthly installments.
The first installment will be paid on or before 27.02.2026 and
other two installments in the same manner in next two months.
After the payment of the first installment, the truck of the
petitioner will be released in his favour and after payment of last
installment, the case against the petitioner would be dropped.
5. Accordingly, the present petition stands disposed
of.
Patna High Court CR. WJC No.1495 of 2024(2) dt.13-02-2026
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6. However, it is made clear that if the petitioner fails
to make the payment of the installments, the respondent no. 5
would be at liberty to repossess the truck of the petitioner and
further proceed in the matter in accordance with law.
(Arun Kumar Jha, J)
DKS/-
U
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