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Patna High Court

Dhananjay Kumar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The petition was withdrawn, and the court dismissed it without addressing the merits.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 The court granted permission to withdraw, and consequently dismissed the writ petition as withdrawn.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

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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