IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.84 OF 2010 1. JAISAR PRASAD, SON OF SRI RAM NANDAN DAS, RESIDENT OF VILLAGE MANPUR, P.S. EKANGARSARAI, DISTRICT NALANDA 2. JANKI DAS ALIAS JANKI PRASAD, SON OF LATE RODI DAS 3. ANUP PRASAD, SON OF JANKI DAS ALIAS JANKI PRASAD, BOTH RESIDENTS OF VILLAGE GARERIYA BIGHA, P.S. EKANGARSARAI, DISTRICT NALANDA 4. RAMDHIN PRASAD, SON OF RAMPHAL PRASAD, RESIDENT OF MANPUR, P.S. EKANGARSARAI, DISTRICT NALANDA 5. BINOD YADAV, SON OF RAMPRIT PRASAD, RESIDENT OF HILSA-BIHARI ROAD, P.S. HILSA, DISTRICT NALANDA 6. ANIL KUMAR, SON OF LATE DURGA LAL, RESIDENT OF HILSA-BIHARI ROAD, P.S. HILSA, DISTRICT NALANDA 7. PRAHALAD KUMAR, SON OF LATE JANWARI MOCHI, P.S. FARIDPUR, P.S. EKANGARSARAI, DISTRICT NALANDA……………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE BLOCK SUPPLY OFFICER, EKANGARSARAI, DISTRICT NALANDA……………………….RESPONDENTS ----------- 2. 09.02.2010 Heard learned senior counsel for the petitioners and learned counsel for the State. Petitioners in this writ application have prayed for release of 47 quintals of wheat seized from a tractor and trailor suspected to have been loaded from a shop of a P.D.S. dealer. Learned senior counsel for the petitioners submits that a confiscation proceeding is going on and it may take some time. Therefore, if the wheat is allowed to remain in custody, the same may deteriorate and - 2 - may be unfit for human consumption causing irreparable loss to the petitioners. He submits that petitioner nos. 1 to 4 are owners of the seized wheat loaded on the said tractor and trailor. Therefore, he submits that the same may be ordered to be released in their favour on furnishing sufficient security subject to final result of the confiscation proceeding. Learned counsel for the State submits that if the petitioners furnish sufficient security and fulfil other terms and conditions, as may be imposed by the court below, wheat may be released to them. In the circumstances, this writ application is disposed of with direction to the Additional Chief Judicial Magistrate, Hilsa to release the wheat in favour of petitioner nos. 1 to 4 on furnishing sufficient security and bond in connection with Hilsa P.S. Case No.445 of 2009 as the court may impose and on fulfilling other terms and conditions as it may deem fit and proper which shall be subject to final decision passed in the confiscation proceeding. The court below shall also release the tractor and trailor bearing registration no. PB-12B-5796 - 3 - in favour of petitioner no.5 on his furnishing sufficient security and bond. Petitioner shall also undertake that before release of the tractor and trailor, he will not dispose of the same and they will produce the same, as and when required by the court. The court below, if necessary, shall verify the ownership of the tractor and trailor to its satisfaction. Let a copy of the order be sent to the court below through FAX at the cost of the petitioners. B.T (J. N. Singh, J.)