IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 478 of 2010 1. AJAY KUMAR S/O SRI BISHWANATH PRASAD PROPRIETOR OF KISHAN SEVA KENDRA, BAKARPUR, P.S. SONEPUR, DISTT.- SARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT AGRICULTURE OFFICER SARAN, CHAPRA ----------- 2 07.04.2010 Pursuant to order dated 18.12.2009 passed in CWJC No 17821 of 2009, the petitioner filed application before the learned Chief Judicial Magistrate, Chapra for release of the commodities in question. While ordering the release pursuant to order of this Court, the learned Chief Judicial Magistrate, Chapra has imposed two conditions. First, that in event of confiscation being ordered by the Collector, the sale proceeds of the released stocks must be made over to the Government. Petitioner does not have any objection to this. So far as the second condition is concerned, it is that the petitioner would sell the stocks which are being released but the sale proceeds would be deposited in the Bank and Passbook submitted to the Court. It is submitted that this is virtually negation of the order of this Court inasmuch as neither the goods nor the money would be released to the petitioner. Having considered the matter, in my view, the second condition, as imposed, is obviously contrary to the very intent of the order of this Court. It is, accordingly, set aside. It is directed that the goods in question would be released to the petitioner on 2 furnishing security which would not be either cash or bank guarantee or a bank deposit. The order is, accordingly, modified. This application is disposed of. M.E.H./ (Navaniti Prasad Singh)