IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31374 of 2011 Mannu Sao Versus The State Of Bihar ---------------------------------- For the Petitioner : Mr N.K. Agrawal, Sr. Advocate with Mr. D.N. Tiwari, Advocate For the S t a t e : N o n e ---------- 2. 14.9.2011 Heard learned counsel for the petitioner. No one appears on behalf of the State. This application is for modification of the order dated 4.7.2011 passed in Cr.W.J.C. No.399 of 2011, whereby this Court directed that on an application being made by the petitioner before the Sub-Divisional Judicial Magistrate, Patna for release of the wheat and rice in question, the same would be considered in accordance with law and upon such satisfaction and on furnishing adequate security, the wheat and rice be released in favour of the petitioner. It was, however, made clear that the aforesaid release shall be subject to the result of the confiscation case/criminal proceedings against the petitioner. Learned counsel for the petitioner submits that the application filed by the petitioner pursuant to the aforesaid order of the Court, upon consideration, was rejected and the wheat and rice in question was not released on being informed by the counsel for the State that a confiscation proceeding has been initiated against the petitioner with respect to the wheat and rice in question. The learned SDJM, Patna while taking into note of the - 2 - provisions of section 6 A of the Essential Commodities Act (State Amendment) declined to release the wheat and rice on taking a view that since confiscation proceeding is pending, the court of the SDJM could not release the aforesaid wheat and rice. Learned counsel for the petitioner submits that this Court directed for release of the wheat and rice by the Sub-Divisional Judicial Magistrate, Patna on being satisfied on furnishing the adequate security. The release was to be made as per the order of the High Court and, as such, the refusal to release on the ground that the confiscation proceeding is pending against the petitioner was not correct. Having considered the submissions of the petitioner and on perusal of the order passed by the learned Sub-Divisional Judicial Magistrate, Patna, vide order dated 4th of August, 2011, it appears that the Sub-Divisional Judicial Magistrate, Patna has failed to appreciate the order of this Court correctly. By order dated 4.7.2011, this Court directed for release of the wheat and rice by the court below on being satisfied with respect to the adequate security. The release was, however, directed to be subject to the result of the confiscation proceeding. In other words, the wheat and rice in question were to be released, which will be subject to the final decision in the confiscation proceeding and as such, in terms of the order of this Court, the confiscation proceeding could not come in the way for release of the aforesaid rice and wheat. In that view of the matter, the order dated 4.7.2011 is - 3 - modified/clarified to the effect that the Sub-Divisional Judicial Magistrate, Patna shall release the wheat and rice in question on being satisfied with the adequate security. It is again clarified that the aforesaid release of the wheat and rice shall be subject to the ultimate result of the confiscation proceeding. The Sub-Divisional Judicial Magistrate, Patna shall pass a fresh order for release. The criminal miscellaneous application stands disposed of. Let the order be communicated to the court of the S.D.J.M., Patna in connection with Digha P.S. Case No.43 of 2011 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)