Patna High Court
Pradeep Kumar @ Pradip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the truck may be released upon payment of the prescribed fine in installments, subject to the stipulated conditions.
Summary
The petitioner, Pradeep Kumar, owned a truck that was seized during a raid on alleged illegal sand mining in Vaishali district. The seizure was effected under Sections 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 56(1), 56(2), 56(3) of the Bihar Mineral (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2024. The petitioner filed a writ petition seeking release of the vehicle, quashing of the seizure, and relief from penalties, claiming financial hardship and offering to pay the fine in installments. The Mines Department contended that the truck was involved in illegal mining causing a loss of Rs. 8,00,000. The High Court, after considering the submissions, ordered the release of the truck conditioned upon payment of a total fine of Rs. 8,00,000 in four installments, with a schedule and a warning that failure to pay would lead to re‑seizure. Consequently, the petition was disposed with the direction to release the vehicle upon compliance with the payment schedule.
Issues considered
- What is the legality of the seizure of the petitioner's truck under the cited provisions of the Bharatiya Nyaya Sanhita and Bihar Mineral Rules?
- Whether the petitioner is entitled to release of the seized vehicle upon payment of a fine in installments despite alleged illegal sand mining?
- Whether the imposition of the penalty and seizure complied with due process of law.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)
- Bihar Mineral (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2024 — s. 56(1), 56(2), 56(3)
Subjects
- illegal sand mining
- vehicle seizure
- writ petition
- fine installment
- due process
- mineral law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6837 of 2026
======================================================
Pradeep Kumar @ Pradip Kumar Son of Jageshwar Rai, Resident of Village-
Hanuman Mandir Bilandpur Dhandhua, Police Station - Jandaha, District-
Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Mines and
Geology Department, Government of Bihar, Patna.
2. The District Magistrate, Vaishali at Hajipur.
3. The District Mining Officer, Vaishali at Hajipur.
4. The Assistant Director, District Mining Office, Vaishali at Hajipur.
5. The Mining Inspector, Vaishali at Hajipur.
6. The Superintendent of Police, Vaishali at Hajipur.
7. The Investigating Officer, Desri, Police Station, Vaishali at Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-06-2026 Heard Mr. Radha Mohan Singh, learned counsel for
the petitioner and Ms. Shruti Singh, learned counsel
representing the Mines Department as also the State.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of appropriate
writ/writs, order/orders, direction/directions
commanding the respondent authorities to release
the truck in question bearing Registration No.
BR01GC8922, Chassis No.
Patna High Court CWJC No.6837 of 2026(2) dt.18-06-2026
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MAT448078D3E09934, in favour of the petitioner,
who is the bona fide owner of the said vehicle,
which has been illegally seized in connection with
Desri P.S. Case No. 68 of 2026, registered under
Sections 303(2), 317(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023, and Sections 56(1), 56(2),
56(3) of the Bihar Mineral (Concession,
Prevention of Illegal Mining, Transportation &
Storage) Amendment Rules, 2024;
(ii) For a further direction upon the
respondent authorities to quash/set aside the
seizure of the said vehicle made by Respondent No.
5 (Mining Inspector), and the imposition of
arbitrary and excessive penalty without following
due process of law;
(iii) For a direction to the respondents
not to take any coercive steps against the petitioner
in connection with the aforesaid case;
(iv) For any other relief(s) to which the
petitioner may be found entitled in the facts and
circumstances of the case.”
3. The petitioner is owner of a truck bearing
Patna High Court CWJC No.6837 of 2026(2) dt.18-06-2026
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Registration No. BR01GC8922 and Chasis No.
MAT448078D3E09934. The Mining Department and the Police
conducted raid in the Ganga Diara area under Chandpura Police
Station, Vaishali and during raid, several vehicles were allegedly
found in illegal sand mining and transportation without valid
permit, petitioner’s being one of them. Accordingly, Desri P.S.
Case No. 68/2026 was registered on 23.02.2026 and the seized
vehicles were taken into custody.
4. Aggrieved, the present writ petition.
5. Learned counsel for the petitioner submits that the
truck was seized on 23.02.2026, is under an open sky and
getting deteriorated each and every day beside causing
economic loss to the petitioner/family members. The submission
is that he is ready to pay the amount in installment as he is
facing financial crisis due to seizure of the truck.
6. Learned counsel for the petitioner further submits
that if the truck is released upon payment of the fine amount:
“(i) he shall not alienate the said truck; and
(ii) he shall produce the same before the
respondent-authorities as and when required.”
7. Learned counsel for the Mines Department submits
that the petitioner’s truck was involved in illegal sand mining
Patna High Court CWJC No.6837 of 2026(2) dt.18-06-2026
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and transportation which had caused the loss of approximately
Rs. 8,00,000/- though he concede that the legal battle will take
long time and deterioration of truck will serve no purpose.
8. This Court has taken note of the submission of
learned counsel for the petitioner that, due to the seizure of the
truck, the family is facing financial hardship and that, while
reserving his right to contest the matter in accordance with law,
he may be permitted to pay the fine amount in installments.
9. In that background and after hearing the parties, the
writ petition stands disposed of with the observation that if the
petitioner is ready to pay the fine amount and shall be fulfilling
the legal obligation as the production of Truck is concerned, the
same be released and the payment is to be made in following
manner:
“(i) Rs. 2,00,000/- at the time of the release of
the Truck;
(i) the first installment of Rs. 2,00,000/- shall
be paid on or before 10th September, 2026;
(ii) the second installment of Rs. 2,00,000/-
shall be paid on or before 10th November, 2026; and
(iii) the third installment of Rs. 2,00,000/- shall
be paid on or before 10th January, 2027.”
Patna High Court CWJC No.6837 of 2026(2) dt.18-06-2026
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10. It is made clear that in the event of failure on the
part of the petitioner to pay any installment within the stipulated
time, the respondents shall be at liberty to take immediate steps
for seizure of the truck in accordance with law.
(Rajiv Roy, J)
Adnan/-
U
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