IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14629 of 2011 ARVIND KUMAR & ANR . Versus THE STATE OF BIHAR & ANR . ----------- 02. 29.04.2011 This is an application for modification of the order dated 15th of March 2011 passed in Cr. W.J.C. No. 215 of 2011 whereby the petitioner was permitted to make an application for release of the wheat in question which was seized in connection with Patna Bye pass P.S. Case No. 15 of 2011 and was directed to be released considering the application of the petitioner to be filed in the court below upon satisfying the ownership and on furnishing adequate/sufficient security for release of the aforesaid wheat. It is submitted that the petition filed by the petitioner for release of the wheat in question has been rejected by the Additional Chief Judicial Magistrate, Patna City as per the order dated 07.04.2011 on the ground that petitioners could not produce any paper evidencing or suggesting the ownership of the petitioners over the seized wheat Mr. N.K. Agarwal, learned senior appearing for the petitioners submits that for transacting business of the wheat no license under the law is required and as such, no documents with regard to the sale and purchase 2 are required to be maintained under the law, and therefore, petitioners are not in a position to produce any paper regarding ownership of the same. However, petitioner is prepared to furnish adequate/sufficient security to the satisfaction of the court below for release of the wheat in question. Learned counsel for the State submits that in case there is no counter claim over the wheat in question, the release of the wheat in favour of the petitioner could be considered on adequate security. Considering the submissions of the parties, this court is of the view that in order to consider the prayer of the petitioners by the court below for release of the wheat in question, the petitioners are permitted to make a fresh application in the court below for release of the wheat with separate affidavit specifically stating and explaining the sources from where the wheat in question came into possession of the petitioners and/or any other relevant information so as to justify the claim for release. Such application and the affidavit may be filed within a period of three weeks. The court below on being satisfied with the above and adequate security considering the value of the wheat furnished by the petitioner the wheat in question be released in favour of the petitioners. 3 Accordingly, the order dated 15.03.2011 is modified to the above extent. Let a copy of the order be communicated to the Court of ACJM, Patna City through fax at the cost being deposited by the petitioners. Jagdish/ ( Shailesh Kumar Sinha, J.)