IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14362 of 2011 Santosh Kumar, S/O Rajendra Prasad, R/O Village/Mohalla, Main Bazar, Wazirganj, P.S.- Wazirganj, District- Gaya. . . .Petitioner. Versus 1. The State of Bihar 2. The District Magistrate, Gaya 3. The District Supply Officer, Gaya 4. The Block Supply Officer, Wazirganj, Gaya. . . . . . Respondents. ---------------------------------- 2/ 07.12.2011 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for release of food-grains seized in connection with Wazirganj P.S. case no. 38 of 2011, by which 332.50 quintals of rice and 46.50 quintals of wheat has been seized from the house of Jeetu Singh and 165.50 quintals of rice has been seized from the premises of Awadh Singh. It is alleged that the petitioner has taken the premises of the aforesaid persons on rent for storage of food- grains. In the prosecution case, it is alleged that the petitioner has unauthorizedly lifted food-grains from F.C.I. Godown and has tried to sell the same in black-market. Counsel for the State submits that the bags also contain F.C.I. marks on it, which would go to show that the food-grains have been illegally lifted from the Government Godown. The petitioner submits that mere storage of rice in bags, having F.C.I. marks would not be conclusive proof that the food-grains have illegally lifted, as such bags are generally on sell. 2 The petitioner submits that he is a wholesale dealer of food-grains and there is no storage limit of wheat and rice. The petitioner submits that he moved before Chief Judicial Magistrate, Gaya for release of the food-grains but as Confiscation proceeding was continued, learned Chief Judicial Magistrate, Gaya observed that application is not maintainable. The food-grains in question was admittedly stored by the petitioner in the house of one Jeetu Singh and Awadh Singh. The petitioner submits that he purchased the aforesaid rice from different farmers and dealers, which fact is being controverted by learned counsel for the State. The food-grains in question is a perishable commodity and no useful purpose would be served in keeping it under seizure. In view of the prayer of release, I need not go into the rival claims made by the parties, which could be considered at appropriate stage. In the circumstances, if petitioner files an application before District Magistrate, Gaya, he / she would release the food-grains on furnishing of adequate sureties, 7 % of which would be in form of cash deposit. The release would be subject to final adjudication of the criminal case / confiscation proceeding. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)