IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.715 of 2008 SUNIL SAH & ANR Versus STATE OF BIHAR & ANR ----------- 3 23.09.2008. Heard learned counsel for the parties. The petitioners have come to this court for release of the wheat seized in connection with Masaurhi ps case no. 181 of 2008 lodged under section 7 of the E.C.Act on the allegation that the same was stolen food grain as it had been kept in bags having F.C.I. marks. Keeping in view several orders of this court in similar matters as also the fact that no useful purpose can be served by keeping the perishable material in custody for which a confiscation proceeding is already going on, without going into the merits of the case, this Court directs the S D J M, Masaurhi, Patna to release the wheat in question on being satisfied with its ownership on furnishing adequate sureties, retaining a small quantity of wheat in one of the bags by way of sample that may be required for investigation. The writ petition is allowed accordingly. Shashi. (S.P.Singh,J).