IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5553 of 2011 Ajay Kumar, son of Ram Autar Raut @ Ramotar Raut, resident of Mohalla- Hanuman Garhi, P.S.- Motihari Town, P.S. Motihari Town, Distt.- East Champaran. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Assistant District Supply Officer, Sadar, Motihari. Opp. Parties. ---------------------------------- 2/ 14.12.2011 Heard learned counsel for the parties. The petitioner prays for modification of order dated 24.11.2011 passed in C.W.J.C. No.20196 of 2011, whereby this Court directed that the seized food-grains in Motihari Town P.S. case no.340 of 2011 under Section 7 of the E.C. Act would be released to the petitioner on furnishing adequate sureties, 5 % of which would be in form of cash deposit, subject to final result of confiscation case or the criminal case. The petitioner submits that the goods have been confiscated vide Annexure-2. Thereafter the petitioner has filed statutory appeal bearing Confiscation Appeal No.49 of 2011 under Section 6 (C) of the E.C. Act before the learned District Judge, Motihari. Learned counsel submits that there is marriage in the family of the learned District Judge and as such till the appeal is being heard by him, the auction of the food-grains may be stayed. In the facts and circumstances of the case, there would be no auction sale of the food-grains for a period of four weeks. The petitioner would pursue his regular remedy before the learned District Judge, Motihari. With the aforesaid observation, this application is disposed of. 2 Let the order be communicated to Collector, Motihari as well as District Judge, East Champaran, Motihari through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)