Patna High Court
Baby DeviversusThe State of Bihar through Principal Secretary, Dept. of Mines and Geology, Govt of Bihar, Patna
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The petition was disposed of, allowing release of the truck upon payment of the fine in twelve installments and compliance with specified security conditions.
Summary
Petitioner Baby Devi challenged the seizure of her truck (BR-11-GF-3815) by mining authorities on 10 September 2025, alleging that the seizure was effected without proper verification and in violation of the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 (as amended 2024). She sought a writ of mandamus for the release of the vehicle and offered to pay a fine of Rs.9,68,119 in twelve installments. The State respondents agreed to the release provided the fine was paid and certain security conditions were met. The High Court disposed of the petition, permitting the petitioner to pay the fine in twelve equal monthly installments, furnish a bank guarantee of Rs.10,00,000, give an oath not to alienate the vehicle, and comply with a panchnama before release. The vehicle will be released after the first installment and will be finally released only after full payment of the fine within twelve months.
Issues considered
- Whether the seizure of the petitioner's truck violated the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 and its 2024 amendment.
- Whether the petitioner is entitled to a writ of mandamus directing the release of the seized vehicle.
- Whether the court can condition the release of the vehicle on payment of the fine in installments and the furnishing of a bank guarantee.
Subjects
- seizure
- vehicle release
- mandamus
- mineral mining rules
- Bihar Minerals Rules
- fine installment
- bank guarantee
- illegal mining
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2743 of 2025
======================================================
Baby Devi W/O Shashi Shekhar Bharti R/O Vill.- Sharifganj, Daharia,
Daharia Molis, P.S.- Katihar Sahayak, Dist.- Katihar- 854103
... ... 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, Government of Bihar Patna.
3. The District Magistrate, Bhagalpur.
4. The Superintendent of Police, Bhagalpur.
5. The Mineral Development Officer, Bhagalpur.
6. The District Mining Officer, Bhagalpur.
7. The Officer-in-Charge, Pirpainti Police Station, Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Singh, Advocate
For the State : Mr. S.D. Yadav, AAG-9
Mr. Braj Bhushan Mishra, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the parties.
2. The present petition has been filed seeking
following relief:-
"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 BR-
11-GF-3815 which has been seized on
10.09.2025.
ii. For issuance of an appropriate writ,
direction or order upon the respondents
Patna High Court CR. WJC No.2743 of 2025(2) dt.06-02-2026
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herein not to take any coercive steps against
the vehicle under consideration in pursuant
to Memo no. K-01/M dated 11.09.2025
issued by the Mining Inspector, Bhagalpur,
as the same has been issued merely on the
communication made vide letter no. 2818/25
dated 10.09.2025 by the Officer-in-Charge,
Pirpainti Police Station, Bhagalpur and
without due verification of the same and
further, the said act was done in gross
violation of Bihar Minerals (Concession,
Prevention of illegal Mining, Transportation
and Storage) Rule, 2019 and its amended
Rule 2024.
iii. For directing the concerned respondents
to release the seized truck of the petitioner
bearing registration number BR-11-GF-
3815 which has been illegally seized on
10.09.2025 and the said act was done in
gross violation to Bihar Minerals
(Concession, Prevention of illegal Mining,
Transportation and Storage) Rule, 2019 and
its amended Rule 2024 particularly Rule
60(2) and Rule 59 of the Bihar Minerals
(Concession, Prevention of illegal Mining,
Transportation and Storage) Rule, 2019 and
its amended Rule 2024.
iv. For any other relief or reliefs for which
the petitioner be found entitled in the eye of
law."
Patna High Court CR. WJC No.2743 of 2025(2) dt.06-02-2026
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3. Learned counsel for the petitioner submits that the
respondents have arbitrarily and illegally seized the truck as
well as stone chips loaded thereon against all the legal norms.
Learned counsel further submits that without prejudice to his
right and contention, the petitioner is ready to pay the amount of
9,68,119/-in twelve equal installments as her financial condition
has deteriorated due to the seizure of the truck.
4. Learned counsel appearing on behalf of State-
respondents has no objection if the petitioner is ready to deposit
the fine amount of Rs.9,68,119/- in installments.
5. In the light of submission of the parties, the present
petition is disposed of and petitioner is permitted to pay the
amount of fine in twelve equal monthly installments.
6. On deposit of the first installment, the vehicle in
question shall be released by the authority concerned in favour
of the petitioner after verifying the documents of ownership of
the vehicle in the name of the petitioner and the release would
be subject to the following conditions:-
(i) The petitioner along with the first
installment will also furnish a bank
guarantee or any other kind of valuable
security to the extent of Rs.10,00,000/-
Patna High Court CR. WJC No.2743 of 2025(2) dt.06-02-2026
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(Rupees Ten Lakh) to the satisfaction of the
authority concerned.
(ii) The owner shall also furnish an
undertaking on oath that she shall not
alienate or part with the ownership of the
vehicle in question during the pendency of
the proceeding/case and further in case any
confiscation proceeding is initiated in the
matter, she will cooperate with the same.
(iii) Before release of the vehicle in question,
a panchnama shall be prepared by the
authority/court below and the same will be
kept in the record.
(iv) The release shall become final after the
entire amount of fine is paid in 12 equal
monthly installments within 12 months.
(Arun Kumar Jha, J)
DKS/-
U
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