IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1585 of 2010 BIRENDRA PRASAD YADAV S/O LATE YOGENDRA PRASAD YADAV R/O VILL.- REHTA, P.S.- KUMARKHAND, DISTT.- MADHEPURA …….Petitioner Versus THE STATE OF BIHAR THROUGH THE SECRETARY FOOD & CIVIL SUPPLY DEPARTMENT, OLD SECRETARIAT, PATNA THE BLOCK SUPPLY OFFICER BLOCK- KUMARKHAND, DISTT.- MADHEPURA …….Respondents ----------- 02. 16.02.2010 Mr. N.K. Agarawal, learned senior counsel appearing in support of the writ petition limits the prayer to the release of the seized foodgrains which are small quantity. The foodgrains in question were seized on 09.09.2009 by the Block Supply Officer, Madhepura being 41 bags of wheat and 110 bags of rice on the allegation that they appeared to be government foodgrains. Mr. Agrawal submits that so far as wheat and rice is concerned, there is no a storage restriction nor licensing regulation and only on suspicion and surmise the same has been seized. Without going into the said disputed questions, as foodgrains are perishable commodities, I direct the Sub- Divisional Judicial Magistrate, Madhepura to release the same to the petitioner on furnishing sufficient security to his satisfaction which shall be subject to the result of the confiscation proceeding if any and the criminal case being - 2 - Kumarkhand P.S. Case No. 93 of 2009. The writ application stands disposed off with the aforesaid observations. Let the order of this Court be communicated to the Court below by FAX at the cost of the petitioner. Shageer (Navaniti Prasad Singh, J)