IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.76 OF 2010 GOPAL KUMAR, SON OF SHRI BIDHYA SAO, RESIDENT OF PURANI BAZAR, LAKHISARAI CHITRANJAN ROAD, RANISATI MANDIR, P.S. LAKHISARAI, DISTRICT LAKHISARAI……PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT AGRICULTURE OFFICER, LAKHISARAI……………………………………...RESPONDENTS **** 4 22.03.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. Learned senior counsel for the petitioner confines his prayer for release of 205 seized bags of fertilizer during the pendency of the case. He submits that if the fertilizer is left open in the custody of the police for long time, it may loose its potentiality making it useless. He submits that though F.I.R. was instituted under Section 420 read with section 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, no confiscation proceeding has started as yet. He submits that confiscation proceeding, if instituted, will take a long time to conclude and, therefore, fertilizer may become useless causing scarcity at local level and - 2 - irreparable loss to the petitioner. Learned counsel for the State submits that petitioner should be bound by terms and conditions and should be directed to furnish sufficient bond and security for release of the fertilizer. If the petitioner abides by the terms and conditions and furnishes adequate bond and security, fertilizer may be released in his favour. In the circumstances, learned Chief Judicial Magistrate, Lakhisarai is directed to release 205 bags of fertilizer seized in connection with Lakhisarai P.S. Case No.555 of 2009 from the custody of the petitioner on such terms and conditions and on such security and bond, as the learned Magistrate may determine to his satisfaction. The order in this respect should be passed as early as possible as and not later than 15 days from the date of furnishing of security and bond by the petitioner. Such release will be subject to the final result of the case and petitioner shall not take any advantage of this release in the proceeding. - 3 - The writ application is disposed of with the aforesaid observations and directions. Let this order be communicated through FAX to the court below at the cost of the petitioner. B.T. (J.N. Singh, J.)