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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the petition lacks merit and dismissed the application for quashment and release of the vehicle.

Summary

Ajay Kumar petitioned the Patna High Court for quashment of the order dated 03‑12‑2024 that authorized the seizure of his payloader (Reg. No. BR24GA‑6919) in connection with an illegal sand‑mining case (Barun PS Case No 366 of 2022) and for its release. Earlier, the court had directed him to file a representation before the Mines Commissioner, which was rejected on the ground that the vehicle was involved in illegal mining after its number plate was removed. During the hearing, the court questioned how the payloader, belonging to a resident of Rohtas, was found at the illegal‑mining site in Aurangabad and why its number plate was missing. The petitioner’s counsel could not satisfactorily explain these facts. Consequently, the court found no basis for interference and dismissed the application.

Issues considered

  • Whether the seizure of the petitioner’s payloader under the provisions of the Indian Penal Code and the Mines and Minerals Development and Regulation Act is legally justified.
  • Whether the petitioner is entitled to quash the order dated 03‑12‑2024 and obtain release of the seized vehicle.

Legislation cited

Subjects

  • illegal mining
  • vehicle seizure
  • quashment of order
  • Mines Commissioner
  • Indian Penal Code
  • Bihar mining regulations

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7422 of 2025
                 ======================================================
                 Ajay Kumar S/o Surendra Singh, Resident of Suba Bigaha, P.O. and P.S.-
                 Jamuhar, Dist-Rohtas.

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Mines Commissioner, Department of Mines
                 and Geology, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary (ACS) cum Mines Commissioner,
                 Department of Mines and Geology, Govt. of Bihar, Patna.
           3.    The Director General of Police, Govt. of Bihar, Patna.
           4.    The District Magistrate, Aurangabad, Bihar.
           5.    The Superintendent of Police, Aurangabad, Bihar.
           6.    The Officer in Charge, Barun Police Station, District-Aurangabad.
           7.    The District Mining Officer, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bharat Bhushan
                 For the Respondent/s   :      Mr. Standing Counsel (21)
                 For the Mines          :      Mr. Naresh Dikshit, Spl. PP
                                               Mr. Brij Bihari Tiwari, Advocate
                                               Ms. Shruti Singh, Advocate
                                               Mr. Utkarsh Pathak, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   22-01-2026                 Heard the learned counsel for the petitioner, the

                   learned counsel for the State and the learned counsel for the

                   Mines Department.

                               2. This application has been filed for commanding

                   and directing the authority concern for the quashment of the

                   order dated 03-12-2024 passed in Misc. Case No. 01/2024 and

                   release of the Vehicle of the petitioner Bearing Reg. No.

                   BR24GA-6919, Chassis No. 1PY5310EEGA011245, Engine
Patna High Court CWJC No.7422 of 2025(8) dt.22-01-2026
                                            2/3




          No. PY3029H072035, which has been seized/impounded

          merely on suspicion in connection with Barun P. S. Case No 366

          of 2022, dated 17-08-2022 registered for the offences

          punishable under section 379 and 411 of the Indian Penal Code

          and rule 04(1A), 21 of the Mines and Minerals Development

          and Regulation Act and Rules 11, 18, 43, 46 of the Bihar

          Minerals      Concession        &       Prevention   of   illegal   mining

          Transportation and Storage Rules.

                      3. Earlier the petitioner had approached this Court

          vide C.W.J.C. No. 6944 of 2023 in which the petitioner was

          directed to file a representation before the Mines Commissioner,

          Department of Mines and Geology, Bihar, Patna which was to

          be considered by the Mines Commissioner.

                      4. The Mines Commissioner has considered the

          representation of the petitioner and has rejected the same on the

          ground that the payloader of the petitioner was found involved

          in illegal sand mining after removing the number plate. The

          counter affidavit of the DTO provides the registration number of

          the payloader.

                      5. During the hearing, this Court has put some

          questions to the learned counsel for the petitioner. The first

          question was whether as to how did the payloader of the
            Patna High Court CWJC No.7422 of 2025(8) dt.22-01-2026
                                                        3/3




                      petitioner reached the place of illegal mining site when the

                      petitioner belongs to Rohtas and the payloader has been

                      recovered from Aurangabad.

                                  6. The learned counsel for the petitioner submits that

                      the loader had been taken for some legal purpose. The learned

                      counsel for the petitioner has not been able to explain as to how

                      the loader was caught at the site of illegal mining. He has also

                      not been able to explain as to how and why the number plate of

                      the payloader was not there on the payloader when the illegal

                      mining was detected.

                                  7. In these circumstances, I do not find it a fit case for

                      interference. Accordingly, this application is dismissed.



                                                        (Sandeep Kumar, J)
Shishir/-

U


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