IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7346 of 2026 ====================================================== Prince Raj Son of Mahendra Chaudhari, Resident of Village- Tarawan, P.S. Wazirganj, District Gaya. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Mines and Geology Department, Govt. of Bihar, Patna. 2. The District Magistrate, Gaya Jee. 3. The Superintendent of Police, Gaya Jee. 4. The Mines Development Officer, District Mining Office, Gaya. 5. The S.H.O., Wazirganj P.S., District Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Respondent/s : Mr. Sita Ram Yadav, GP 16 Mr. Rakesh Kr. Srivastav, AC to GP16 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 13-08-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The instant writ petition has been filed for the following relief(s):- (i) For issuance of appropriate writ/writs, order/orders, direction/directions to release the tractor, trailor and bullet motorcycle in questions, alleged to be used in crime for the offence under section 191(2), 191(3), 190, 126, 115(2), 109, 132, 303(2), 317(2), 111(4), 253, 352, 351(2) of B.N.S., 2023 in connection with Wazirganj P.S. Case No. 617/2025, instituted on the basis of the A.S.I., Manoj Kumar Singh, Patna High Court CWJC No.7346 of 2026(3) dt.13-08-2026 2/3 posted in Wazirganj P.S., Gaya who seized the petitioner's tractor bearing registration No.BR-02-GA-9838, Chassis No. 926011538593, Engine No. 526027283252 alongwith trailor and bullet motorcycle bearing registration no. BR-02-BJ-8723 have been seized on the basis of allegation of using the same is carrying illegal sand. Thereafter, the seized vehicles are kept in open premises in Wazirganj P.S. (ii) For any other relief/reliefs for which petitioner is found entitled in the eye of law and in the facts and circumstances of the present case. 3. In view of the stand taken by counsel for the Mines and Geology Department, Government of Bihar, to avail the remedy as provided under Section 451 of Cr.PC corresponding Section 497 of BNSS, the petitioner seeks permission to take appropriate remedy before appropriate forum and it is expected that once, such application is filed for release, the concerned authority shall consider the same, keeping in mind that the tractor and trailer are national properties, in view of the judgment rendered in Sunderbhai Ambalal Desai Vs. State of Gujarat reported in AIR 2003 SC 638, and if there is no other legal impediment, the same shall be adjudicated in accordance Patna High Court CWJC No.7346 of 2026(3) dt.13-08-2026 3/3 with law. 4. With the aforesaid observations and directions, the instant writ petition stands disposed of with the aforesaid liberty rajan/- (Ajit Kumar, J) U