Jitendra Singh v. The State of Bihar through Principal Secretary, Dept. of Mines and Geology, Govt. of Bihar , Patna
CR. WJC/118/2025 · 2025-05-08
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9554 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9554 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.118 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Jitendra Singh Son of Ram Awadh Singh R/o Village -Nati Post -Kaithi PS -Sonahan Nati Kaithi Distt -Kaimur Bhabhua ... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Dept. of Mines and Geology, Govt. of Bihar , Patna bihar
2. The Principal Secretary, Home Dept. Govt. Of Bihar, Patna bihar
3. The District Magistrate, Kaimur bihar
4. The Superintendent of Police, Kaimur bihar
5. The Mineral Development Officer, Kaimur (Bhabua) bihar
6. The District Mining Officer, Kaimur Bhabhua bihar
7. The Mining Inspector, Kaimur Bhabua bihar
8. The Officer-in-Charge, Mohania Ps, Kaimur bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Singh For the Respondent/s : A.A.G.4 Mr. Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 08-05-2025 Heard learned counsels for the parties. 2. The present application has been filed for the following reliefs:- (i) For issuing a direction upon the respondents to release the seized truck of the petitioner bearing registration number UP- 42Bt-2687 which has been seized on
02.05.2024. (ii) For issuing a direction upon the respondents to not to take coercive steps
Patna High Court CR. WJC No.118 of 2025(2) dt.08-05-2025 2/3 against the petitioner in pursuance of Mohania P.S. Case No.273 of 2024, which was registered under Sections 379 and 411 of the Indian Penal Code and under Rule 56(i) & (ii) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rule, 2019. (iii) For issuance of direction upon the respondents for staying the investigation and further proceedings pursuant to F.I.R. pertaining to under Sections 379 and 411 of the Bihar Mining Minerals (Concession, Prevention of illegal mining, transportation and storgage) Rule, 2019. (iv) For any other relief to which the petitioner is found entitled to in the facts of the case. 3. It has been submitted by the learned counsel for the petitioner that the petitioner is ready to deposit the amount of Rs.3,32,000/- with the State in six installments as his financial condition has deteriorated due to seizure of this truck. 4. In the interest of justice, this application is allowed. 5. Petitioner is permitted to pay the aforesaid amount in six monthly installments.
The first installment shall be paid by 15.05.2025 in the concerned Court below. The
Patna High Court CR. WJC No.118 of 2025(2) dt.08-05-2025 3/3 Demand Draft shall be in the name of State of Bihar. If such an amount is deposited, the same shall be released in favour of the Mining Department. 6. The petitioner along with the first installment will also furnish the surety for the balance amount in the Court below and after the aforesaid act shall done by the petitioner the vehicle shall be released in favour of the petitioner by way of interim measure. The release shall become final after the entire amount is paid in six installment. shikha/- (Sandeep Kumar, J) U T