IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2364 of 2008 Upendra Prasad Sah @ Upendra Sah, Son of Basudeo Prasad Sah, Resident of Mohalla Naya Tola, Ward No. 35, PS Katihar Town, District Katihar. ----- Petitioner. Versus 1. The State Of Bihar. 2. The Collector, Katihar. 3. The Supply Inspector, Katihar Town, Katihar. ----- Respondents. with CWJC No.2415 of 2008 Umesh Mandal, Son of Late Kailu Mandal, Resident of Mohalla Naya Tola Ward No. 35, PS & District Katihar. ----- Petitioner. Versus 1. The State Of Bihar. 2. The Collector, Katihar. 3. The Supply Inspector, Katihar Town, Katihar. ----- Respondents. with CWJC No.2599 of 2008 Yugal Mandal @ Yugal Kishore Mandal, Son of Late Dukha Mandal, Resident of Mohalla Naya Tola, Ward No. 35, PS & District Katihar. ----- Petitioner. Versus 1. The State Of Bihar. 2. The Collector, Katihar. 3. The Supply Inspector (S/C), Katihar Town Area, Katihar. ----- Respondents. ----------- 8 26.9.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the fact that the rice seized from the house of the petitioners which they had purchased from the store of the B.S.F.C. has been seized in lieu of a criminal case which has been instituted against the petitioners alleging therein that the said rice was meant for different schemes and as such, the petitioners could not have purchased the stock of rice and it has been done for the purposes of selling it in black market. The First Information Report discloses that the petitioners were not present when the rice was seized and that their wives and daughters could have produced the receipts as such the seizure was 2 made. Learned counsel for the petitioners while referring to the order passed in CWJC No. 5702 of 2007, disposed of on 9.7.2007 and the order passed in CWJC No. 6957 of 2007, disposed of on 29.6.2005 has submitted that under similar facts, the Court has ordered release of the rice on the ground that after the notification of the Government dated 11.10.2002, the rice has been taken out from the purview of Bihar Trade Articles (Licenses & Unification) Order, 1984 and the Bihar Essential Articles Display of Price, Stocks Order, 1977 w.e.f. the date mentioned therein. In the facts of this case I direct that the rice may be released in favour of the petitioners subject to the satisfaction of the Sub-divisional Judicial Magistrate., Katihar in Katihar Town P.S. Case No. 265 of 2007. These writ applications are disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)