IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.323 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Lakhisarai ====================================================== Rajeev Kumar S/O Arjun Choudhary Resident of Sarvoday Nagar, Ward no. 40, P.S- Bishunpur, District- Begusarai at present resident of village Pandarak, P.S- Pandarak, District- Patna, (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary Mineral Department, Government of Bihar, Patna. Bihar 2. The Director Mineral Officer, Lakhisarai. Bihar 3. The District Magistrate, Lakhsarai. Bihar 4. The Superintendent of Police, Lakhisarai. Bihar 5. The Officer-In-Charge T.O.P Bazar Samiti, Police Station District of Lakhisarai Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr.Braj Bhusan Poddar For the Respondent/s : Mr.G.A.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 28-04-2025 Heard the parties. 2. This application has been filed on behalf of the petitioner for quashing the memo no. 8247 passed by the Mineral Department Officer, Lakhisarai and also seeking a direction for release of the truck bearing Reg. No. BR 01 GC 8247. 3. Learned senior counsel for the petitioner has submitted that because of over-loading on the truck, a penalty of Rs. 3,00,000/- has been imposed upon the petitioner and the Patna High Court CR. WJC No.323 of 2025(2) dt.28-04-2025 2/2 same has not been deposited yet and the truck is lying seized. 4. Learned senior counsel for the petitioner has argued this Court at length and he disputes the fact of over- loading of the truck. 5. This Court, in writ jurisdiction, will not decide as to whether the truck was overloaded or not only on the basis of the contention and affidavit filed by the petitioner. 6. Accordingly, this application is disposed of with a liberty to the petitioner to deposit the entire amount of fine of Rs. 3,00,000/- as demanded by the Mining Department and get his truck released and if the petitioner is disputing the amount of fine, he will deposit the same under protest and contest the case with the mining department. Vikas/- (Sandeep Kumar, J) U