Patna High Court

Madhurendra SinghversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The order dated 18‑01‑2026 is illegal and is quashed.

Summary

The petitioner, a sand miner, entered into a five‑year agreement with the Bihar Mines Department to mine Sand Cluster No. 12 and was allowed to use a specific transportation route agreed with locals. On 18 January 2026 the Sub‑Divisional Officer, Danapur and the City Superintendent of Police, West Patna jointly issued an order directing the petitioner to use an older passage and prohibiting the use of the current route, without any prior notice or show‑cause. The petitioner challenged the order, arguing that Section 126 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) was misapplied because it requires a notice when there is a likelihood of breach of peace, which did not occur. The court examined the statutory provision, found no notice was served, and held that the authorities acted contrary to the requirements of Section 126. Consequently, the court declared the order illegal, quashed it, and disposed of the writ petition, leaving the respondents free to initiate fresh lawful proceedings if needed.

Issues considered

Whether the order dated 18‑01‑2026 issued under Section 126 of the BNSS is valid without prior notice or show‑cause to the petitioner.
Whether the authorities had the jurisdiction to direct the petitioner to use an old passage for sand transportation.
Whether the order violates the principles of natural justice and the procedural requirements of Section 126 BNSS.
Whether the order should be quashed as an illegal exercise of power.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 126

Subjects

sand mining
transportation route
Section 126
BNSS
illegal order
certiorari
natural justice
Bihar Mines Department

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2532 of 2026
======================================================
Madhurendra Singh Son of Medi Singh, Ekbalganj Nisarpur, P.O. Ekbalganj
Nisarpur, Birdhaur, Patna, Bihar (801112).

... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Mines and
Geology Department, Government of Bihar, Patna.
2. The Director, Mines and Geology Department, Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Sub-Divisional Officer, Danapur, Patna.
5. The City Superintendent of Police, West, Patna.
6. The District Mines Officer, Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinav Shrivastava, Sr. Advocate
Mr. Nilanjan Chatterjee, Advocate
Mr. Kumaresh Singh, Advocate
Mr. Ujjwal Raj, Advocate
Mr. Sahil Kumar, Advocate
Mr. Anirvan Choudhari, Advocate
Ms. Jyoti Prakash, Advocate
Mr. Sarvajit Kumar, Advocate
For the Respondent/s : Mr. Sitaram Yadav, GP-16
Mr. Yatindra Narayan, AC to GP-16
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Mr. Brij Bihari Tiwary, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

4 23-04-2026 Heard Mr. Abhinav Shrivastava, learned Senior

counsel for the petitioner duly assisted by Mr. Nilanjan

Chatterjee, Mr. Sitaram Yadav for the State and Mr. Naresh

Dikshit, learned Spl.P.P.

2. The present petition has been preferred for the

following relief(s):
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“i. Issue an appropriate writ in the

nature of certiorari for quashing and setting aside

the order dated 18.01.2026 issued jointly under

the pen and signature of Sub-Divisional Officer,

Danapur and the City Superintendent of Police,

West, Patna, whereby the petitioner has been

directed to use the old passage for transportation

of sand from the sandghats and has been

restrained from using the present passage;

ii. Issue an appropriate writ in the

nature of mandamus commanding and directing

the respondents to permit the petitioner to

continue with the mining and transportation

activities in respect of Sand Ghat Cluster No. 12

through the present passage/route which is in use,

without any interference save in accordance with

law;

iii. To restrain the respondents acting in

cahoots at the behest of the miner of Sand Ghat

Cluster No. 17A or any other private party from

obstructing or interfering with the petitioner's

lawful mining and transportation activities;
Patna High Court CWJC No.2532 of 2026(4) dt.23-04-2026
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iv. To stay the operation of the order

dated 18.012026 till the pendency of the instant

case and direct the respondents to allow the

petitioner in undertaking the mining and

transportation activities;

v. Any other relief/reliefs that the

petitioner may be found entitled to in the facts and

circumstances of the present case.”

3. The petitioner has entered into an agreement with

the Mines Department, Bihar, Patna for the sand mining of

Sand Cluster No. 12 under the different Police Stations of

Paliganj, Rani Talab and Kanpa in the district of Patna on

29.04.2024 for five years period.

4. One of the condition of the agreement as recorded

in paragraph-4 is that the lessee will have to make approach

road for transportation of mineral as per the route decided in

district Survey report and he shall also allow the other settlee

to transport the mineral in auction area in favour of him.

5. It is the case of the petitioner that for the smooth

movement of the vehicles, he entered into an agreement with

the locals through different dates between 14.01.2025 to June,
Patna High Court CWJC No.2532 of 2026(4) dt.23-04-2026
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2025. This has been brought on record by way of Annexure-

P/4 to the rejoinder to the counter-affidavit.

6. However, the petitioner was surprised to receive

the letter/order dated 18.01.2026 jointly issued by the Sub-

Divisional Officer, Danapur and the City Superintendent of

Police, West Patna by which he has been directed to use the

old passage for the transportation of sand restraining him from

using the present passage which was being used for

transportation following the agreement with the locals.

7. Aggrieved, the present petition.

8. This Court took up the matter on 02.04.2026 and

wanted the State respondents to answer to the contention that

before the said decision taken jointly by the respondents,

neither there was any complaint nor he was put on notice.

9. A counter-affidavit has come on behalf of the

respondent no. 4, the Sub-Divisional Officer, Danapur and the

stand is that the decision has been taken under Section 126 of

the BNSS and Bihta Non FIR Case No. 4 of 2026 has also

been lodged on 05.01.2026.

10. Learned Senior counsel for the petitioner, Mr.

Abhinav Shrivastava has taken this Court to Section 126 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth for
Patna High Court CWJC No.2532 of 2026(4) dt.23-04-2026
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short, ‘the BNSS’) which read as under:

“126. Security for keeping peace in other cases.
-When an Executive Magistrate receives
information that any person is likely to commit a
breach of the peace or disturb the public
tranquillity or to do any wrongful act that may
probably occasion a breach of the peace or
disturb the public tranquillity and is of opinion
that there is sufficient ground for proceeding, he
may, in the manner hereinafter provided, require
such person to show cause why he should not be
ordered to execute a bond or bail bond for
keeping the peace for such period, not exceeding
one year, as the Magistrate thinks fit.

(2) Proceedings under this section, may be taken
before any Executive Magistrate when either the
place where the breach of the peace or
disturbance is apprehended is within his local
jurisdiction or there is within such jurisdiction a
person who is likely to commit a breach of the
peace or disturb the public tranquillity or to do
any wrongful act as aforesaid beyond such
jurisdiction.”

11. Learned Senior counsel submits that a perusal of

the said section would show that if there is any likelihood of

breach of peace or disturbance of public tranquility, the person

concerned has to be noticed.
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12. His submission is that completely wrong section

has been quoted to justify the illegal decision. Further, it is not

the case of the respondents that at any point of time, he was

put on notice, thus making even Section 126 of ‘the BNSS’

inapplicable. In fact, the respondents are acting in a very

highhanded manner and for the reasons best known to them,

they even entered in the house of the Manager of the present

petitioner in the midnight which finds recorded in paragraph-9

of the rejoinder of the petitioner to the counter-affidavit filed

on behalf of the respondents on 22.04.2026.

13. The said paragraph records that the Police

without any warrant entered in the house of Krishna Murari

Sharma at 12:30 AM on 23.02.2026 and started searching it.

This followed the complaint filed by the Manager before the

Director General of Police, Patna highlighting the illegal action

of the officials.

14. Learned Senior counsel sums up his case

submitting that the order in question has to go.

15. Counter-affidavit has come on behalf of the

respondent no. 4 as recorded above and learned State counsel

submits that certain complaints indeed came which included

the rival faction who has entered into an agreement with the
Patna High Court CWJC No.2532 of 2026(4) dt.23-04-2026
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Mining Department with regard to Sand Cluster No. 17A. In

that background, the order in question has been passed which

is justified.

16. However, on query, whether the petitioner was

put on notice before the order in question was passed, the

answer is not forthcoming.

17. The Mining Department has come up with

another affidavit to show that following the dispute between

both the parties, they have constituted a three men committee

and will be coming to a positive conclusion at an earliest once

the report is submitted.

18. Having heard the paries and on perusal of the

records, this Court deems it appropriate to examine Section

126 of ‘the BNS’ which already stands recorded above and

needs no repetition. The aforesaid section relates to likelihood

of breach of peace or disturbance of tranquility and if the

authorities have apprehension, the concerned person has to be

noticed/show-cause as to why he should not execute a bond for

keeping the peace for a particular period not exceeding one

year.

19. No such show cause was even issued to the

petitioner nor such stand has been taken by them.
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20. The respondents have come up with a plea that

they took note of Section 126 of ‘the BNSS’ to pass the said

order. In the opinion of the Court, though they chose to hide

behind the Section 126 of ‘the BNSS’ the respondents have

certainly acted contrary to what has been recorded in it. In fact,

the respondents have firstly taken a decision and now they are

coming up with an alibi which cannot be allowed.

21. So far as the entry into a house at 12:30 AM,

without any warrant is concerned, since it is the stand of the

petitioner that they have already preferred a petition before the

DGP, Bihar, Patna, the Court refrains from making further

comment on it but it expects that appropriate action shall be

taken by the concerned official in accordance with law.

22. The facts have been incorporated, the

submissions have also been recorded. This takes the Court to

only one conclusion, the order dated 18.01.2026 jointly passed

by Sub-Divisional Officer, Danapur and the City

Superintendent of Police, West, Patna is an illegal order and as

such, it has to go.

23. Accordingly ordered.

24. The order dated 18.01.2026 passed by Sub-

Divisional Officer, Danapur and the City Superintendent of
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Police, West, Patna stands quashed.

25. The respondents are free to initiate appropriate

proceeding afresh in accordance with law, if situation so

warrant.

26. The writ petition stands disposed of with

aforesaid observation.

(Rajiv Roy, J)
Adnan/-

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