IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7707 of 2011 SANTOSH KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner:- Mr. Sajeev Kumar, Adv. For the Respondents:- Mr. Rishi Raj Sinha, Adv. Mr. Gopal Krishna, Adv. -------------- 2. 20.05.2011 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that rice and wheat were free sale commodity and therefore there was no justification for the seizure. They are perishable items and they may be released pending investigation in the F.I.R. Counsel for the State submits that the petitioner has efficacious and expeditious alternative remedy under the Cr.P.C. before the Chief Judicial Magistrate to seek release of the food grains if he is of the opinion that the rice and wheat are perishable items. The application is disposed with the observation that if the petitioner files any application for release of the food grains before the Trial Court it is required to be considered in accordance with the guide lines laid down by the Supreme Court for release of perishable items without being prejudiced by the present order expeditiously preferably within a 2 maximum period of one month from the date of receipt/production of a copy of this order before the Chief Judicial Magistrate. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)