Patna High Court
Radhe Shaym @ Radheshaym KeshariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, allowing release of the truck upon payment of Rs. 9,87,338 in two installments as proposed by the petitioner.
Summary
The petitioner, Radhe Shaym Keshari, challenged the seizure of his 16‑wheel truck (registration UP‑64‑BT‑1348) by authorities under sections 303(2) and 317(2) of the B.N.S, section 56 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Act, and related rules, alleging loss of revenue of Rs. 9,87,338. He argued that the seizure caused severe economic hardship and that the vehicle was deteriorating while kept in the open. The petitioner offered to pay the claimed amount in two installments – Rs. 5,87,338 upon release and the balance of Rs. 4,00,000 within thirty days – and undertook not to alienate the truck until the case was disposed. The respondents, including the State of Bihar and various district officials, were represented by the Government Advocate. The Court, after hearing the parties, disposed of the writ petition, permitting the release of the truck conditioned upon the petitioner’s payment schedule and an affidavit of undertaking.
Issues considered
- Whether the seizure of the truck under the cited statutory provisions can be set aside by a writ of mandamus.
- Whether the petitioner is entitled to release of the seized vehicle upon payment of the assessed revenue loss in installments.
Legislation cited
- B.N.S. — s. 303(2), 317(2)
Subjects
- seizure
- illegal mining
- mandamus
- writ of mandamus
- vehicle release
- installment payment
- revenue loss
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2771 of 2026
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Radhe Shaym @ Radheshaym Keshari S/o Gopal Prasad, R/o village Vaini,
P.O. Pauni, P.S. Robertsganj, District Sonbhadara, Utter Pradesh.
... ... 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. Station Head of Adhoura Police Station, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mr. Government Advocate 10
For the Mines : Mr. Naresh Dikshit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard Mr. Tribhuwan Narayan, learned counsel
for the petitioner, the State as also learned Spl.P.P. Mines,
Mr. Naresh Dikshit.
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 16 wheelers (Highva) bearing
registration No. UP64BT-1348, chassis No.
Patna High Court CWJC No.2771 of 2026(2) dt.23-04-2026
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MAT808020L1P09479 and Engine No.
B67B6A250D02102M64131551 which was
been seized in connection with Adhoura P.S.
Case No. 106 of 2025 for the offence alleged
under section 303(2), 317(2) of B.N.S and
section 56 of Bihar Mineral (prevention of
illegal Mining, Transportation and storage)
Rule 2019 and 4(1) (A) of Mines and Minerals
Development Regulation Rule-1957.”
3. A sixteen wheeler truck having Registration No.
UP-64-BT-1348 was intercepted and seized on 14.12.2025
and the reason has been recorded in the counter-affidavit is
that it is found loaded with sand causing loss of revenue
amount of Rs. 9,87,338/-. It was accordingly seized and
resulted into the present case.
4. Learned counsel for the petitioner submits that
he shall be fighting the battle out in the Court but the
seizure of vehicle has put him in economic crisis and even
the condition of the truck is deteriorating due to it being
kept in the open sky and is ready to pay the amount, under
protest.
Patna High Court CWJC No.2771 of 2026(2) dt.23-04-2026
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5. Learned counsel for the petitioner further
submits that since he do not have means to earn money and
he is facing economic crisis, the amount of Rs. 9,87,338/-
be bifurcated in two parts inasmuch as:
“(i) he is ready to pay Rs. 5,87,338/- at the
time of the release of the truck;
(ii) Rs. 4,00,000/- within a period of thirty
days from the date of release of the truck;
(iii) Failure to pay the rest of the amount of
Rs. 4,00,000/-, the respondent shall be free to take
immediate steps for the seizure of the truck.”
6. Further, if the truck is released he shall:
“(i) not alienate the truck in any manner till
the disposal of the cases;
(ii) shall be producing the truck as and
when required by the respondent no. 5.”
7. Learned Spl.P.P. Mines submits that if he is
ready to make the payment, the respondents shall be taking
steps for the release of the truck.
8. Considering the aforesaid facts and in view of
the positive stand taken by the petitioner, the writ petition
Patna High Court CWJC No.2771 of 2026(2) dt.23-04-2026
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stands disposed of allowing the petitioner to pay the amount
of Rs. 9,87,338/- in two installments, as recorded above,
and shall also be submitting an affidavit about the
undertaking that has been made before this Court and
recorded in the aforesaid paragraph.
(Rajiv Roy, J)
Adnan/-
U
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