IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9359 of 2010 1. PRAMOD KUMAR , S/o Late Indar Ram, Resident of Silao, P.S. – Silao, Distt. – Nalanda 2. Bijendar Singh, S/o Basudeo Singh, Resident of Silao, P.S. – Silao, Distt. – Nalanda. 3. Jai Ram Singh, S/o Late Indradeo Singh, Resident of Silao, P.S. – Silao, District – Nalanda Versus 1. THE STATE OF BIHAR 2. The Block Supply Officer, Silao (Town), District - Nalanda ----------- 2/ 27.05.2010 Heard learned counsel for the petitioners and State. Mr. N.K. Agrawal, learned counsel for the petitioners state the relief claimed for in the present writ application, relates only to the release of food grains, as seized, in relation to which Silao P.S. Case No. 58 of 2010 has been instituted under Section 7 of the Essential Commodities Act. Seizure was made by the Block Supply Officer, Silao. Mr. Agrawal states that there is no license and or distribution restriction in respect of wheat and rice. The same has been seized only on suspicion and surmises. He submits that food grains if they are allowed to be sold as per order of the Collector the petitioners would suffer irreparable loss and injury. Considering the matter in my view the writ petition can be disposed of by directing the release of the said stock of food grains, as seized in the case above, to the petitioners on proper identification and subject to such surety as may be fixed by the learned Chief Judicial Magistrate, Nalanda, which would however be subject to the final result of the criminal case, and the confiscation proceeding in relation thereto, which may be pending before the Collector, Nalanda at Biharsharif. Let the order be communicated to the Collector, Nalanda at Biharsharif and Chief Judicial Magistrate, Nalanda at Biharsharif by fax at the cost of the petitioners. Praful ( Navaniti Prasad Singh, J. )