Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as withdrawn.
Summary
The petitioner, Abhishek Kumar, filed a writ petition seeking the release of his vehicle (registration BR-06GG-9755) that had been seized by the State of Bihar authorities in connection with a police case alleging offences under sections 303(2) and 317(2) AB of the B.N.S., 2023 and section 11 of the Bihar Mining Act, 2019/2024. He argued that the seizure was unlawful, the vehicle was exposed to decay, and no recoverable amount was due from him under the relevant mining statutes. The petitioner later moved for withdrawal of the petition. The Court, after hearing, granted permission for withdrawal and dismissed the writ petition as withdrawn. No substantive merits of the seizure were adjudicated.
Issues considered
- Whether the seizure of the petitioner's vehicle under the cited provisions of the B.N.S., 2023 and the Bihar Mining Act, 2019/2024 was lawful
- Whether the petitioner is entitled to immediate release of the seized vehicle
Legislation cited
- B.N.S., 2023 — s. 303(2), 317(2) AB
- Mines and Minerals (Development and Regulation) Act, 1957
Subjects
- vehicle seizure
- mining law
- writ petition
- withdrawal
- Bihar Mining Act
- illegal mining
- release of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2023 of 2026
======================================================
Abhishek Kumar Son of Shashibhusan Singh, Resident of Village- 30
Chiknauta Colony, Hajipur, P.S.- Town Thana Hazipur, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Patna.
2. The District Mining Officer, Saran.
3. The Mining Inspector, Saran.
4. The S.H.O., Sonpur Police Station, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Respondent/s : Mr. Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for directing the concerned respondent
authorities to release the vehicle bearing
registration number- BR-06GG-9755, Chasis No.
MAT793015R1E13363, Engine No.42E64385252
which has been seized in connection with Sonpur
P.S. Case No.1234/2025 registered of the offences
u/s 303(2), 317(2) AB of the B.N.S., 2023 and u/s
11 of the Bihar Mining Act 2019/2024 forthwith as
the same is lying in the open subject to decay and
Patna High Court CWJC No.2023 of 2026(2) dt.09-04-2026
2/2
causing financial loss to the petitioner and even
otherwise no case either under B.N.S. 2023 or
under the Mines and Minerals (Development and
Regulation) Act, 1957 henceforth Act and Bihar
Mines (Concession, Prevention of Illegal Mining
Transportation & Storage) Rules 2021 is made out
and hold that no such amount is recoverable from
the petitioner.”
3. Learned counsel for the petitioner prays for
withdrawal of the petition.
4. Permission accorded.
5. Accordingly, the writ petition stands dismissed as
withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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