IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.316 of 2009 LAXMAN CHOUDHARY SON OF CHAMAK LAL CHOUDHARY, VILLAGE-RUPOUHLI, P.S.- PARBATTA, DISTRICT-KHAGARIA ….. PETITIONER Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, KHAGARIA 3. DISTRICT SUPPLY OFFICER, KHAGARIA 4. BLOCK DEVELOPMENT OFFICER, PARBATTA 5. BLOCK SUPPLY OFFICER, KHAGARIA ….. RESPONDENTS ----------- 02 06.07.2009 The petitioner has filed this application for release of 14 quintals of wheat which was recovered from his house. The wheat was contained in 28 bags of 50 Kgs. each and a mark of F.C.I. was contained on the bags. The wheat was suspected to the stolen from F.C.I. godown, regarding which F.I.R. under Sections 413 and 414/34 of the Indian Penal Code was instituted. The wheat was seized. The petitioner seeks release of the wheat, but he does not appear to have taken any alternative remedy by filing petition before the concerned C.J.M. It requires verification of the materials collected in investigation as well as report from the concerned authorities before releasing the article. Since, alternative remedy is already available to the petitioner the application is dismissed as not maintainable. P.K. (C.M. Prasad, J.)