IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18665 of 2011 1. Sumit Kumar S/O Kanhaiya Sah @ Kanhaiya Prasad R/O Mohalla- Beside Sati Mandir, Motihari Town, P.S.- Motihari Town, District- East Champaran 2. Kanhaiya Sah @ Kanhaiya Prasad S/O Nagina Sah R/O Mohalla- Beside Sati Mandir, Motihari Town, P.S.- Motihari Town, District- East Champaran Versus 1. The State Of Bihar 2. The Anchaladhikari, Motihari ---------------------------------- 2. 17.11.2011. Heard learned counsel for the parties. The petitioners have come to this Court for release of 516 bags of rice seized on 31.8.2011 in Town Police station case no. 310 of 2011 instituted under section 7 of the E.C.Act & Prevention of Black Marketing and Maintenance of Essential Commodities and Supply Act, 1980. The petitioners submit that there is no storage limit of the rice and merely on the ground that these were packed in FCI bags, would not constitute an offence as empty FCI bags are available in market for sale. Petitioner no.1 claims to be the owner of the rice. The petitioners further submit that rice is a perishable commodity and keeping the same under seizure, would serve no purpose. Learned counsel for the State submits that the rice belonged to FCI and petitioners have committed theft. 2 In the facts of the case, the writ petition is disposed of with direction that if the petitioners file an application before the Chief Judicial Magistrate, East Champaran, Motihari , the learned Magistrate would release the rice on furnishing adequate surety, 10% of which would be in form of cash surety. Release of rice or its value would be subject to the result of criminal prosecution/ confiscation proceeding. Let this order be communicated to the court of the Chief Judicial Magistrate, Motihari through FAX at the cost of the petitioners. Shashi. (Samarendra Pratap Singh,J.)