Patna High Court
Babloo KumarversusThe State of Bihar through the Dy. Secretary of the Dept. of Mines, Patna Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The truck shall be released upon payment of the penalty amount of Rs 2,99,556 in six equal monthly installments, with the right to repossess on default and the case to be compounded after full payment.
Summary
Babloo Kumar petitioned the Patna High Court for the release of his truck seized in connection with a case under IPC sections 379 and 411 and Bihar Mines Minerals Rules sections 56(1) and 56(2). The Department of Mines had determined a penalty of Rs 2,99,556 as compounding fees for the sand involved. The petitioner offered to pay the penalty in six equal monthly installments and sought the vehicle’s release after the first payment. The court accepted the proposal, directing the respondent to release the truck upon receipt of the first installment of Rs 49,926 and to accept the remaining five installments on a monthly basis, with the right to repossess the vehicle if any installment is missed. The court further ordered that, upon full payment, the authorities may move to compound the offence. The petition was disposed with these directions.
Issues considered
- Whether the seized vehicle can be released upon payment of the penalty in installments
- Whether the court can condition release on compliance with installment payments and allow repossession on default
- Whether the offence can be compounded after full payment of the penalty
Legislation cited
- Indian Penal Code — s. 379, 411
Subjects
- vehicle seizure
- penalty payment
- installment scheme
- compounding of offence
- mining regulations
- criminal procedure
- release of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.770 of 2025
Arising Out of PS. Case No.-36 Year-2024 Thana- BARHARA District- Bhojpur
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Babloo Kumar, S/o Premadhar Ray, R/o Village- Bishunpur, P.S.- Parsa,
District- Saran (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar through the Dy. Secretary of the Dept. of Mines, Patna
Bihar Bihar
2. The District Magistrate Bhojpur Bihar
3. The Superintendent of Police Bhojpur Bihar
4. The Deputy Superintendent of Police Bhojpur Bihar
5. The Circle Officer cum Mines Superintendent of Police Bhojpur Bihar
6. The Station Head Office Barhara P.S. District- Bhojpur Bihar
7. The District Mining Officer Bhojpur Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Singh, Advocate
Mr. S. K Mishra, Advocate
Mr. Anand Tiwari, Advocate
For the State : Mr.G.A.5
For the Deptt. Of Mines : Mr. Utsav Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 22-01-2026
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant petition seeking
direction to the respondent authorities particularly respondent
no. 6, SHO, Barhara (Bhojpur) to release the Goods Carriage
Vehicle bearing Registration No. UP-77N-7500, Chassis No.
MAT448050B0D07737, Engine No.11D63120787 in favour of
the petitioner, which has been seized in connection with G.R
No. 363 of 2024, arising out of Barhara P.S. Case No. 36 of
Patna High Court CR. WJC No.770 of 2025 dt.22-01-2026
2/3
2024 dated 20.01.2024 registered for the offences under
Sections 379, 411 of the IPC and Sections 56(1), 56(2) of Bihar
Mines Minerals (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019.
3. Learned counsel for the petitioner, at the outset,
submits that the Department of Mines, which has seized the
vehicle of the petitioner, has determined penalty of
Rs.2,99,556/- as compounding fees/cost of the sand. The learned
counsel further submits that the petitioner is ready and willing to
pay the penalty amount in easy six installments. The learned
counsel further submits that after payment of first installment,
the vehicle of the petitioner may be released. The learned
counsel further submits that once the total penalty amount is
paid, the Department of Mines may be directed to compound the
offence and withdraw the case filed against the petitioner.
4. Learned counsel appearing on behalf of Department
of Mines submits that he has got no objection if the petitioner
makes payment in installments without fail. However, learned
counsel submits that liberty may be granted to the Department
of Mines to re-possess the truck in case the petitioner fails to
pay the installments within the time fixed.
5. Having regard to the submission of the learned
counsel for the petitioner as well as learned counsel for the
Patna High Court CR. WJC No.770 of 2025 dt.22-01-2026
3/3
Department of Mines, the respondent no.7/concerned
respondent is directed to release the truck of the petitioner
bearing Registration No.UP-77N-7500 on payment of penalty
amount of Rs.2,99,556 in six equal monthly installments. The
Truck in question would be released after payment of first
installment of Rs. 49,926/- before the authority
concerned/Respondent no. 7, on or before 3rd February, 2026,
and rest penalty amount would be paid in five equal monthly
installments on or before 3rd of every month.
6. However, it is made clear that if the petitioner fails
to deposit the installments in terms of the present order, the
respondents are at liberty to take possession of the truck and
proceed in the matter in accordance with law. It is further made
clear that when the total amount of Rs. 2,99,556/- is paid, the
respondent authorities will move for compounding of the case.
7. Accordingly, the present petition stands disposed of
with the aforesaid directions/observations.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2026
Transmission Date 22.01.2026
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