IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13314 of 2009 KAPIL DEO RAM Versus THE STATE OF BIHAR & ORS ----------- 2/ 12-10-2009 Heard learned counsel for the petitioner and the learned counsel for the State. Bereft of other details which may not be gone into at this stage by the writ Court, since a criminal case under section 7 of the Essential Commodities Act has already been instituted against the petitioner where the allegation will be looked into. Submission of the counsel for the petitioner at this stage is that keeping in mind the present position as laid down in the case of Shriram Rai Vrs. State of Bihar, reported in 2006 (1) PLJR 504 there is no bar or control over movement or sale of food grains, the petitioner only wants release of the seized rice amounting to 250 quintals which is subject matter of Tekari P.S. Case No. 215 of 2009. Prima facie there being some force in the submission made at the Bar, the court of the Chief Judicial Magistrate, Gaya is hereby directed to release the seized rice amounting to 250 quintal in favour of the petitioner on deposit of adequate security without prejudice to the final decision in the matter in one way or the other. The petitioner will be obliged to go by the conditions which may - 2 - be laid down by the court below before release of the rice. This writ application is disposed of with the aforesaid direction. ( Ajay Kumar Tripathi, J ) BTiwary/