Patna High Court
Sahitya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed, permitting release of the truck upon payment of the fine in instalments, without granting the writs sought.
Summary
The petitioner, Sahitya Kumar, owned a truck that was seized by the Mines Inspector of Arwal on the allegation of overloading sand, invoking the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation & Storage) Rules, 2019 and 2024, as well as Section 100 of the Criminal Procedure Code. He filed a writ petition seeking quashing of the seizure order, a mandamus directing release of the vehicle, compensation for illegal detention, and other reliefs. The court examined whether the mandatory procedure under Rule 59(2) of the Bihar Minerals Rules and the procedural requirements of the CrPC had been complied with. With the consent of the parties, the court declined to grant the writs but ordered that the truck be released upon payment of the fine in specified instalments, warning that failure to pay would permit re‑seizure. The petition was therefore disposed, allowing release of the vehicle on the stipulated payment schedule.
Issues considered
- Whether the seizure of the truck was valid without compliance with Rule 59(2) of the Bihar Minerals Rules.
- Whether the petitioner is entitled to a writ of certiorari to quash the seizure order.
- Whether a writ of mandamus directing release of the vehicle is appropriate.
- Whether compensation is payable for the alleged illegal detention of the vehicle.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 103
- Criminal Procedure Code — s. 100
Subjects
- illegal mining
- vehicle seizure
- overloading
- administrative law
- writ of certiorari
- mandamus
- Bihar Minerals Rules
- Criminal Procedure Code
- compensation
- installment payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9495 of 2026
======================================================
Sahitya Kumar Son of Rajkishor Prasad, Resident of Village Mai, Post Mai,
PS Hilsa, District Nalanda, Pin 801302.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Nehru Path, Patna, Pin-800015.
2. The Commissioner, Mines and Geology Department, Government of Bihar,
Nehru Path, Patna, Pin-800015.
3. The Director, Mines and Geology Department, Government of Bihar, Nehru
Path, Patna, Pin-800015.
4. The District Magistrate, Arwal, Arwal.
5. The Mines Inspector, Mines and Geology Department, Government of
Bihar, Arwal.
6. The District Mining Officer, Mines and Geology Department, Government
of Bihar, Arwal.
7. The Mines Development Officer, Mines and Geology Department,
Government of Bihar, Arwal.
8. The Road Transport Officer, Government of Bihar, Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhiraj Kumar Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-07-2026 Heard Mr.Dhiraj Kumar Singh, learned counsel for
the petitioner and the learned State counsel as also Mines
Department.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an order, direction or a
writ of certiorari for quashing and setting
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aside the order contained in Letter no. Camp
01/Mining, Arawal dated 25.05.2026,
whereby and whereunder the Mines
Inspector, Arwal detained and seized the
petition's Truck (Hyva) bearing registration
no. BR-06 GG-0591 under Rules 30(4), 43
and 56(2) of the Bihar Minerals
(Concession, Prevention of illegal Mining,
Transportation & Storage) Rules, 2019 and
Rules 30(4) and 56(2) (ii) of Bihar Minerals
(Concession, Prevention of illegal Mining,
Transportation and Storage) Rules, 2024
(revised) on the allegation of overloading of
sand, without following the mandatory
procedure prescribed under Rule 59(2) of
the Bihar Minerals (Concession, Prevention
of illegal Mining, Transportation and
Storage) Rules, 2019 and Section 100 of the
Code of Criminal Procedure Code,
1973(now Section 103 of Bhartiya Nagrik
Suraksha Sanhita, 2023);
(ii) for issuance of a writ in the nature of
Patna High Court CWJC No.9495 of 2026(2) dt.09-07-2026
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mandamus for directing the respondent
authorities to release the petitioner's Truck
(Hyva) bearing Registration No. BR-06 GG-
0591, as the mandatory procedure
prescribed under Rule 59(2) of the Bihar
Minerals (Concession, Prevention of illegal
Mining, Transportation and Storage) Rules,
2019 and Section 100 of the Code of
Criminal Procedure Code, 1973(now Section
103 of Bhartiya Nagrik Suraksha Sanhita,
2023) has not been followed;
(iii) for issuance of an appropriate writ,
order or direction directing the respondent
authorities to pay suitable compensation to
the petitioner for the illegal detention of his
vehicle;
(iv) for issuance of any other relief or reliefs)
for which the petitioner may be entitled for.
3. The petitioner owns the truck bearing registration
no. BR-06-GG-0591 which was issued a challan for
transportation of yellow sand from Arwal to Madhubani and the
loaded material has been recorded in the challan as 39.95 metric
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tonne.
4. The period of challan is/was 25.05.2026-01.10.36
PM to 26.04.2026-1.10.36 PM, while on the road it was
intercepted near Madhepur under Arwal Police Station.
5. The vehicle driver escaped. Whereafter, the truck
was take to weighing machine and found to be overloaded
inasmuch as it weighed 39.95 kgs besides this truck, and also
weighed as 61090 kgs. As it was overloaded, seized and fine
amount imposed.
6. Learned counsel for the petitioner submits that he
has good case which shall be contested before an appropriate
authority. However, in the present, he wants release of the
vehicle as its seizure has led to the vehicle remaining under the
sky, getting deteriorated day by day. It is also proving to be
detrimental to his family as the truck is out of service, reserving
his right to fight out the battle, he be allowed to make the
payment in instalments.
7. 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.
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8. In that background, with the consent of the parties,
the writ petition stands disposed of allowing the petitioner to pay
the amount in following manner:
“(i) Rs. 2,46,669 at the time of the release of the
vehicle: and
(ii) Rs. 2,00,000/- by September, 2026;
(iii) Rs.2,00,000/- by November, 2026;
(iii) Rs.2,00,000/- by January, 2027.
(iv) failure to pay any of the fine amount, the
respondents shall be free to take steps for
seizing the vehicle once again.
9. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
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