IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14772 of 2011 Upendra Kumar @ Upendra Prasad S/O Late Mahesh Prasad R/O Vill.-Belaganj, P.S.- Belaganj, Distt.- Gaya Versus 1. The State Of Bihar Through The Principal Secretary Department Of Food And Civil Supply, Govt. Of Bihar, Patna 2. The District Magistrate, Gaya At Gaya 3. The Sub-Divisional Officer, Sadar Gaya, Distt.- Gaya 4. The Block Supply Officer, Belaganj, Distt.- Gaya ---------------------------------- 2 29/09/2011. The petitioner prays for release of food grains, Annexure 2 seized by Block Supply officer, Belaganj giving rise to Belaganj Police Station Case No. 182 of 2011 lodged under section 7 of the EC Act. The petitioner submits that the food grains are perishable commodity and no useful purpose would be served in keeping the same under seizure. It is further submitted that the food grains are not of the Government agency which fact is being controverted by the State counsel. Without going into the rival claims, I observe that if the petitioner files a petition before the Chief Judicial Magistrate, Gaya, he would pass order for release of the food grain to his satisfaction, 10 percent of the surety would be in the form of cash surety. Release of the food grain would be subject to the result of criminal 2 proceeding. Let this order be faxed to the Chief Judicial Magistrate, Gaya at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)