IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.649 of 2010 SANJAY SINGH Versus STATE OF BIHAR & ORS ----------- 2 20.08.2010. Heard learned counsel for the parties. The petitioner has come to this court for release of his rice seized in raid conducted by respondent no.3, the Sub Divisional Officer, Nimchak Bathani, Gaya on 28.6.2010 giving rise to khizarsarai Police Station Case No. 135 of 2010 dated 28.6.2010 lodged under section 7 of the E.C. Act on the ground that though the rice had been kept in bags containing FCI markings, the same had been purchased from M/s Mahalakshmi Bhandar, Barki Kharari, Kargahar, Rohtas. Petitioner further submits that as rice is perishable item, so the same may be released in his favour subject to the result of aforesaid case. This court without going into the merits of the case, observes that if the petitioner files a petition before the Chief Judicial Magistrate, Gaya for release of aforesaid rice, the same would be released in his favour on furnishing adequate surety to his satisfaction. Petitioner would further deposit cash surety of Rs.5000/- (five thousand) by way of special surety, which would be subject to the result of criminal prosecution of confiscation case, if any. A sample of bag with a bit of rice may be retained for purpose of exhibit in trial, if required. The writ petition stands disposed of accordingly. Let this order be communicated to the court of Chief Judicial Magistrate, Gaya through FAX at the cost of the petitioner. Shashi. ( Samarendra Pratap Singh, J.)