IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37977 of 2010 1. MARARI LAL son of Late Om Prakash, & 2. Rajesh Kumar son of Bhola Sao, Both are resident of Mohalla- Dhelwa Gosain, P.S. Barh, District- Patna ….Petitioners Versus THE STATE OF BIHAR …OP ----------- 4/ 21.12.2010 Heard the parties. The petitioners seek quashing of order dated 06.09.2010 passed by the Sub-Divisional Judicial Magistrate, Barh, in Barh P.S. case no.224 of 2010 by which the court below has refused to release the seized rice in favour of the petitioners in Barh P.S. case no.224 of 2010. It has been submitted that now the petitioners are ready to execute an indemnity bond to the tune of Rs.17,000/- (seventeen thousand) which is the market rate of the seized rice and the same shall be subject to the final result of the application. Considering that since the seized article is perishable item, it is in the interest of justice that the same be released in favour of the petitioners immediately on furnishing indemnity bond for a sum of Rs.17,000/- (seventeen thousand) to the satisfaction of the court below. With the aforesaid observation, this application is allowed. Let this order be communicated to the Sub-Divisional Judicial Magistrate, Barh, in connection with Barh P.S. case no.224 of 2010, through FAX at the cost of the petitioners. JA/- (Anjana Prakash, J.)