IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31375 of 2011 SHANKAR KUMAR @ SHANKAR MAHURI, son of Jagdish Prasad, resident of Gurudwara Road, P.S. Kotwali, Distt.-Gaya ---Petitioner Versus 1. The State of Bihar. 2. The Block Supply Officer, Manpur, Gaya. ---Opp. Parties ---------------------------------- 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 16th of May, 2011 passed in Cr.W.J.C. No.402 of 2011, whereby this Court directed the Chief Judicial Magistrate, Gaya for release of the seized items, as referred to in the aforesaid order, in favour of the petitioner on being satisfied with regard to the ownership over the rice and wheat and also adequate security for the release. Learned counsel appearing for the petitioner submits that on an application being filed before the learned Chief Judicial Magistrate, Gaya for release of the rice and wheat in question as mentioned in the order of this Court, the aforesaid seized items were not released, with observation that the petitioner may place the matter for release before the Collector, Gaya, where the confiscation proceeding vide Confiscation Case No.13 of 2011 has been initiated. The submission is that this Court directed the - 2 - learned Chief Judicial Magistrate to release the aforesaid rice and wheat on being satisfied with regard to the ownership and also with respect to the adequate security for release. It is further submitted that the learned Chief Judicial Magistrate, Gaya has committed serious error in not releasing the rice and wheat on the ground that the confiscation proceeding has been initiated by the Collector, Gaya and as such, the same cannot be released by the court of the Chief Judicial Magistrate. The order of release is of the High Court and directed the Chief Judicial Magistrate to release the rice and wheat, subject to final outcome of the confiscation proceeding/Kotwali Police Station Case No.73 of 2011. Considering the submissions of the petitioner and upon perusal of the order dated 7.7.2011 passed by the Chief Judicial Magistrate, Gaya, it appears that the order of this Court was for release on an application being made before the Chief Judicial Magistrate, Gaya and on being satisfied with the ownership and adequate security, the release of the wheat and rice be made by the Chief Judicial Magistrate pursuant to the order of this Court. It was, however, made clear that the release could be subject to the final outcome of the aforesaid confiscation proceeding/criminal case and, as such, pendency of the confiscation proceeding shall not come in his way in acting pursuant to the order of this Court. In the above circumstances, the order dated 16th of May, 2011 is modified/clarified to the effect that the Chief Judicial Magistrate, Gaya shall release the rice and wheat in question on - 3 - being satisfied with respect to the ownership and adequate security to be furnished by the petitioner on a fresh application being made by him within a period of two weeks, and on such application being made, the Chief Judicial Magistrate shall pass an appropriate order afresh with respect to the release of the rice and wheat in question expeditiously, preferably within a period of two weeks thereafter on filing of such application. The order dated 16.5.2011 is modified/clarified to the above extent. The criminal miscellaneous application stands disposed of. Let the order be communicated to the court of the Chief Judicial Magistrate, Gaya in connection with Kotwali Police Station Case No.73 of 2011 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)