IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.526 of 2026 ====================================================== Subhash Chandra Sharma S/o- Ram Awadh Sharma R/o Village - Lakripatti, Gulab Bag, P.O. -Gulab Bag, P.S.- Sadar, District- Purnia ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Department of Mines and Geology, Govt. of Bihar, Pa Bihar 2. The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar 3. The District Magistrate, Katihar Bihar 4. The Superintendent of Police, Katihar Bihar 5. The Mineral Development Officer, Bhojpur, Ara Bihar 6. The District Mining Officer, Katihar Bihar 7. The Mining Inspector, Katihar Bihar 8. The Officer in Charge, Korha, Katihar Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Singh, Advocate For the State : Mr. Subhash Prasad Singh, AC to GA-3 For the Mines : Mr. Naresh Dikshit, Spl. PP Mines Mr. Utkarsh Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 13-08-2026 Date : 13-08-2026 Heard Mr. Abhishek Singh, learned counsel for the petitioner, Mr. Subhash Prasad Singh, learned Assistant Counsel to Government Advocate-III and Mr. Naresh Dikshit, learned Special Public Prosecutor of Mines assisted with Mr. Utkarsh Pathak, learned counsel. 2. The present writ petition has been filed for following reliefs:- “i. For issuance of writ in the nature of Patna High Court CR. WJC No.526 of 2026(2) dt.13-08-2026 2/6 "Mandamus" upon the concerned respondents to release the seized truck of the petitioner bearing registration number WB-59B-7936 which has been seized on 25.01.2026. ii. For issuance of appropriate writ, direction or order upon the respondents herein not to take any coercive steps against the vehicle under consideration in pursuant to Memo No. K-01/M dated 25.01.2026 issued by Mining Inspector, District Mining Office, Katihar, as the said act was done in gross violation of Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rule, 2019 and its amended Rule 2024. iii. For issuance of an appropriate writ direction or order upon the respondents herein for staying the further proceedings pursuant toMemo No. K-01/M dated 25.01.2026 issued by Mining Inspector, District Mining Office, Katihar. iv. For issuance of writ in the nature of "Mandamus" commanding the respondents not to take coercive steps against the vehicle under consideration and further not to initiate any confiscation proceeding against the said vehicle under consideration. For issuance of an appropriate writ, direction or order upon the respondents herein for staying the confiscation proceedings if any initiated against the vehicle under consideration. v. For any other relief or reliefs for which Patna High Court CR. WJC No.526 of 2026(2) dt.13-08-2026 3/6 the petitioner be found entitled in the eye of law.” 3. Learned counsel for the petitioner, at the outset, submits that the Department of Mines, which has seized the vehicle of the petitioner bearing registration no. WB-59B-7936 on 25.01.2026 pursuant to Memo No. K-01/M dated 25.01.2026 issued by Mining Inspector, District Mining Office, Katihar, has determined penalty of Rs. 8,87,923/-. The learned counsel further submits that the petitioner is ready and willing to pay the penalty amount in easy twelve installments. The learned counsel further submits that after payment of first installment, the vehicle of the petitioner may be released. The learned counsel further submits that once the total penalty amount is paid, the Department of Mines may be directed to compound the offence and withdraw the proceeding initiated against the petitioner. 4. Learned counsel appearing on behalf of Department of Mines objects to the petitioner making payment in installments and submits that the petitioner be directed to make payment of the penalty amount in one go. However, learned counsel submits that liberty may be granted to the Department of Mines to re-possess the truck in case the petitioner fails to pay the installments within the time fixed, if the Court allows installments. Patna High Court CR. WJC No.526 of 2026(2) dt.13-08-2026 4/6 5. While dealing with the seized vehicles from time to time by the police either in commission of various offences or abandoned vehicles or vehicles which are recovered during investigation of complaint of thefts, the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 observed as under:- “In our view, whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and Patna High Court CR. WJC No.526 of 2026(2) dt.13-08-2026 5/6 detailed panchnama should be prepared.” 6. Having regard to the submission of the learned counsel for the petitioner as well as learned counsel for the Department of Mines, the respondent no.2/concerned respondent is directed to release the truck of the petitioner bearing Registration No. WB-59B-7936 on payment of penalty amount of Rs. 8,87,923/- in twelve equal monthly installments. The Truck in question would be released after payment of first installment of Rs. 73,994/- before the authority concerned/Respondent no. 2, on or before 3rd September, 2026, and rest penalty amount would be paid in eleven equal monthly installments on or before 3rd of every month. At the same time, the petitioner shall furnish all the necessary papers/documents of ownership and security bond/indemnity bond (not bank guarantee) equal to Insured Declared Value (IDV) of the vehicle in question as on date to the satisfaction of the concerned/competent authority. 7. However, it is made clear that if the petitioner fails to deposit the installments in terms of the present order, the respondents are at liberty to take possession of the truck and proceed in the matter in accordance with law. It is further made clear that when the total amount of Rs. 8,87,923/- is paid, the Patna High Court CR. WJC No.526 of 2026(2) dt.13-08-2026 6/6 respondent authorities will move for compounding of the case. 8. Accordingly, the present petition stands disposed of with the aforesaid directions/observations. Vikash/- (Arun Kumar Jha, J) U T