IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.686 of 2008 C.H.MADHUSUDAN REDDY @ C.H.MADHUSUDAN REDDY Versus STATE OF BIHAR & ANR ----------- 3 10.09.2008. Heard learned counsel for the parties. In the instant writ petition, the petitioner prays for modification, in the condition levied by the learned Additional Sessions Judge, FTC No. 3, Madhubani under order dated 29.2.2008, passed in Cr Rev No. 1154 of 2007 for releasing 54 transformers on furnishing surety bond of fifty lacs with two sureties of the like amount An FIR being Rahika (Nagar) PS case no. 129 of 2007 was instituted for supplying damaged transformers. It is submitted by the petitioner that he is a resident of Andhra Pradesh, as such, he is not able to get any local surety as he does not have any property in Madhubani or in the State of Bihar. He submits that value of 196 numbers of transformers comes to rupees one crore, seventy two lacs and twenty one thousand. Thus the value of 54 numbers of transformers would come to Rs.32 lacs. He submits that conditions imposed by Revisional court are too excessive. He further submits that he is ready to furnish bank guarantee of 15 lacs and additional surety of 25 lacs which may not be local. Referring to a decision rendered in the case of Tea Auction Limited Vs Grace Hill Tea Industry and another, reported in AIR 2007 SC 67, learned counsel for the petitioner submitted that where the conditions are exorbitant, the appellate court has jurisdiction to modify the same, as such, in the instant case, this Court may reduce the amount of the - 2 - bond to thirty lacs. Learned counsel for the Sate submits that materials may be released to M/S Transcon Industries, Hyderabad itself. Taking into considerations the facts and circumstances of the case, this court modifies the conditions imposed by revisional court in the following terms:- I direct that 54 number of transformers be released in favour of M/S Transcon Industries itself through its proprietors or authorized directors or representatives on furnishing Bank guarantee of Rs 15 lacs with one surety of Rs 25 lacs in Rahika (Nagar) PS case no. 129 of 2007 under sections 406, 420,467 and 427/34 of the I.P.C. to the satisfaction of J.M. Ist Class in seisin of the case. The other conditions imposed by learned Revisional court would remain as it is. The writ petition is allowed. Shashi. (S.P.Singh,J).