Patna High Court
Dhananjay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was withdrawn, and the court dismissed it without addressing the merits.
Summary
The petitioner, Dhananjay Kumar Yadav, filed a writ petition in the Patna High Court seeking a writ of mandamus directing the State of Bihar and several officials to release an 18‑wheel truck (registration No. BR24GD5619) that had been seized in connection with a police case (Mohania P.S. Case No. 41 of 2026). The seizure was made under section 303(2) of the B.N.S. and rule 21 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2019. The petitioner alleged that the seizure was unlawful and requested the court to order its release. During the hearing, the petitioner’s counsel moved for withdrawal of the petition. The court granted permission to withdraw, and consequently dismissed the writ petition as withdrawn.
Issues considered
- Whether a writ of mandamus should be issued directing the respondents to release the seized vehicle
- Whether the seizure of the vehicle under section 303(2) of the B.N.S. and rule 21 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule, 2019, was lawful
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- writ petition
- mandamus
- vehicle seizure
- illegal mining
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2768 of 2026
======================================================
Dhananjay Kumar Yadav S/o Rajendra Singh Yadav, R/o village Harnampur,
P.O. Karji, P.S. Chainpur, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Kaimur at Bhabua.
2. Police Superintendent of Kaimur at Bhabua.
3. The Addl. Collector, Kaimur at Bhabua.
4. Sub-Divisional Officer, Bhabua, Kaimur.
5. District Mines Officer, Kaimur at Bhabua.
6. Mines Development Officer, Kaimur at Bhabua.
7. Mines Inspector, Kaimur at Bhabua.
8. Station Head of Mohania Police Station, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Mr. Brij Bihari Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of writ in nature or
mandamus or any appropriate writ/ writ to direct
the respondent authorities to release the vehicle
Truck 18 wheelers bearing registration No.
BR24GD5619, chassis No. MAT828113SAK17312
and Engine No. 52K95536549 which has been
Patna High Court CWJC No.2768 of 2026(2) dt.23-04-2026
2/2
seized in connection with Mohania P.S. Case No.
41 of 2026 for the offence alleged under section
303(2) of B.N.S. and 21 of Bihar Mineral
(prevention of illegal Mining, Transportation and
storage) Rule 2019.”
3. Mr. Tribhuwan Narayan, learned counsel for the
petitioner prays for withdrawal of the petition.
4. Permission accorded.
5. Accordingly, the present writ petition stands
dismissed as withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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