Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9173 of 2011 ====================================================== Rajesh Kumar Singh, son of late Ganesh Prasad Singh, resident of Village Sanghatpur, Masaurhi, P.S. Masaurhi, District-Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. D. N. Tiwari, Advocate. For the Opposite Party/s : Mr. Jharkhandi Upadhaya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 14-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 23.2.2011 passed by the Sub Divisional Judicial Magistrate, Masaurhi in Dhanarua P. S. Case No.427 of 2010 in a case registered under [STATUTE] by which he has been pleased to reject the petition for release of the rice of the petitioner. Learned counsel for the petitioner submits that 824 bags of rice has been seized. He further submits that these are perishable items and, therefore, if it remains in custody of the police the same will rot and become unfit for human consumption causing irreparable loss to the petitioner. He has further submitted that the trade of rice is de-licensed from the Patna High Court Cr.Misc. No.9173 of 2011 (5) dt.14-02-2012 2 / 2 2 year 2002 and as such there was no occasion to make seizure of the aforesaid rice. He has further submitted that criminal case is pending against the petitioner and he is ready to furnish sufficient security for release of the rice. He has relied on the orders passed in Cr.W.J.C. Nos. 1160 of 2010, 784 of 2008 and 448 of 2005. Looking to the consistent orders of this Court, this application is disposed of with a direction to the learned Sub Divisional Judicial Magistrate, Masaurhi to release the seized rice in favour of the petitioner upon execution of sufficient security and bond to his satisfaction as it may deem fit and proper which shall be subject to the final out come of the criminal proceeding as well as confiscation proceeding against the petitioner. Let this order be communicated through Fax at the cost of the petitioner. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.