IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7095 of 2011 1. UDIT KUMAR SINGH, SON OF LATE MUKHAL SINGH, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 2. MANOJ MANDAL @ MANOJ KR. MANDAL, SON OF CHANDRANAND MANDAL, RESIDENT OF VILLAGE – GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 3. AKHILESH SINGH, SON OF TILO SINGH, RESIDENT OF LAL SINGHIYA, P.S. FALKA, DISTT. KATIHAR. 4. PURAN MANDAL, SON OF BINDESHWARI MANDAL, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 5. KHAGESH MANDAL @ KHAGESH PD. MANDAL, SON OF LATE JAGDEV MANDAL, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 6. PRAKDEEP MANDAL @ PRADEEP KUMAR MANDAL, SON OF LATE TITHANAND MANDAL, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 7. RABBI CHAUDHARY @ RAVINDRA KR. CHAUDHARY, SON OF VINODANAND CHAUDHARY, RESIDENT OF VILLAGE BARETA, P.S. FALKA, DISTT. KATIHAR. 8. PRAKASH CHAUDHARY @ JAI PRAKASH CHAUDHARY, SON OF LATE GAURAB CHAUDHARY, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 9. RAKESH KUMAR SAH @ RAKESH KUMAR, SON OF SHRI SHANKAR SAH, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 10. RAJNISH KUMAR, SON OF LATE SURYA NARAYAN SINGH, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 11. KANCHAN MANDAL @ KANCHAN KUMAR, SON OF BIDESHI MANDAL, RESIDENT OF VILLAGE GOPALPATTI, P.S. FALKA, DISTT. KATIHAR. 12. KAILASH BIHARI, SON OF LATE MULHANI SAH, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 13. LAL PRASAD GUPTA, SON OF LATE REKHA RAM GUPTA RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 14. RAJU SAH, SON OF DINESH SAH, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 15. MUNSHI RISHI, SON OF JAGDEO RISHI, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 16. JAVED ALAM, SON OF MAJED, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 17. AMAN KUMAR @ AMAN JAISWAL, SON OF SHIVAKANT CHAUDHARY, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 18. MADAN SAH @ MADAN LAL SAH, SON OF CHULARI SAH, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 19. SUMAN KUMAR, SON OF MANIKANT CHAUDHARY, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. 2 20. BISHUNPRATAP LAL, SON OF LATE RAMPRATAP LAL, RESIDENT OF VILLAGE FALKA, P.S. FALKA, DISTT. KATIHAR. ---- PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 10.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 29.1.2011 passed by the Chief Judicial Magistrate, Katihar, in Falka P.S. Case No. 127 of 2010 registered under Section 7 of Essential Commodities Act by which the court below has refused to release Fertilizers, Seeds, Pesticides and other agricultural items seized in connection with the present case. It has been submitted that there is no dispute with regard to the ownership of the articles concerned and they are not stolen property. The further submission is that they are ready to give adequate surety for release of the said articles. Considering the same, the application is allowed and the order dated 29.1.2011 passed by the Chief Judicial Magistrate, Katihar, in Falka P.S. Case No. 127 of 2010 is hereby quashed.. The court below is directed to release the articles in favour of the petitioners on being satisfied about the documents produced in its regard on a surety to be fixed by it. The petitioners however, shall give an undertaking that they will not dispute the recovery of these articles at the stage of trial. Let this order be communicated to the court of Chief 3 Judicial Magistrate, Katihar, in Falka P.S. Case No. 127 of 2010, through FAX at the cost of the petitioners. S.Ali ( Anjana Prakash, J.)