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Patna High CourtMJC/1738/2026disposed

Radhe Shyam @ Radheshaym Keshari @ Radhe Shyam v. The State Of Bihar, Through The District Magistrate, Kaimur At Bhabua

2026-07-31Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1738 of 2026 In Civil Writ Jurisdiction Case No.2771 of 2026 ====================================================== Radhe Shyam @ Radheshaym Keshari @ Radhe Shyam S/o Gopal Prasad, R/o Village Vaini, P.O. Pauni, P.S. Robertsganj, District-Sonbhadra, Utter Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the District Magistrate, Kaimur at Bhabua Kaimur at Bhabua.

2.

Police Superintendent of Kaimur at Bhabua, x 3.

The Addl. Collector, Kaimur at Bhabua.

4.

Sub-Divisional Officer, Bhabua, Kaimur.

5.

District Mines Officer, Kaimur at Bhabua.

6.

Mines Development Officer, Kaimur at Bhabua.

7.

Station Head of Adhoura Police Station, Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Government Advocate 10 ;

Mr. Pramendra Kumar Singh, AC to GA-10 For the Mines Dept.

:

Mr. Naresh Dikshit, Spl. PP Mines :

Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2026 Learned counsel for the petitioner undertakes to remove the defect.

2. Heard the parties.

3. The present petition has been preferred for the grant of following relief(s):

"to modify the para 5(ii) of the order dated 23.04.2026 passed by the Hon'ble Court in CWJC No. 2771 of 2026 whereby the petitioner

Patna High Court MJC No.1738 of 2026(2) dt.31-07-2026 2/3 has been given time within a period of thirty days to deposit the rest of the amount Rs 4,00,000/- (Four Lakhs) of total amount Rs.9,87,338/- and grant him further three months time to deposit the aforesaid rest amount Rs.4,0000/- (Four Lakhs)."

4. On 23.04.2026, the Truck bearing Registration No.UP-64-BT-1348 which was intercepted on 14.12.2025 under the Mines Department, Kaimur was directed to be released on clearing the fine amount of Rs.9,87,338/- in two installments: (i) Rs.5,87,338/- at the time of release of vehicle;

(ii) Rs.4,00,000/- within the thirty days of release of vehicle.

5. It was made clear that failure to pay the rest of the amount, the respondent shall be free to take steps for seizure of the Truck.

6. Now, the modification petition has been filed for granting three more months.

7. Learned counsel representing the Mines Department submits that the Truck was released on 25.05.2026 and in any case, the three months prayer comes to an end on

Patna High Court MJC No.1738 of 2026(2) dt.31-07-2026 3/3 24.08.2026. Further, he has defaulted to abide by the order dated 23.04.2026.

8. Though the contention of learned counsel representing the Mines Department is absolutely correct and the petitioner who undertook to make the payment of the second installment within a month has defaulted. However, since, this petition has been filed, this Court grants him period till 24.08.2026 to pay the rest of the amount (Rs.4,00,000/-) failing which the opposite party shall be free to take immediate steps for seizure of the Truck.

9. With the aforesaid observation MJC No.1738 of 2026 stands disposed of.

(Rajiv Roy, J) vinayak/- U