Ramesh Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Ad. Mr.Kumar Rajdeep, Adv. Ms. Diksha Kumari, Adv. For the Respondent/s : Mr. Raghwandra Kumar, Standing Counsel 22 ======================================================

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

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ORAL ORDER

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4 05-10-2024 Heard the learned counsel for the parties.

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The present writ petition has been filed for the

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following relief(s) :

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“1. That the present writ application is being filed on behalf of the petitioner for release of 177 quintals of Rice (354 packets) and 10 quintals (20 packets) by the Block Supply officer,Sonepur to the satisfaction of SDJM Saran at Chapra in Sonepur in connection with Sonepur P.S. Case No. 265 of 2020 registered on 23.03.2020 under Section 7of E.C Act of which petitioner is owner and the petitioner is also ready to furnish sufficient security on such

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Patna High Court CWJC No.10760 of 2024(4) dt.05-10-2024 2/5

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term or terms as court deems fit and suitable.

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That petitioner is citizen of India and the food grains of the has been seized in the territorial jurisdiction of this Hon'ble Court and as such the petitioner is entitled to invoke the writ jurisdiction of this Hon'ble Court.”

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Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances, this Court in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the food grains and also the vehicle that was seized from the petitioner therein. Learned counsel for the petitioner has stated that the petitioner is similarly situated and that the petitioner is ready to furnish adequate security/surety for the purpose of release of food grains as per the direction of the District Magistrate, Chapra. Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is ultimately the sale proceeds of the confiscated property that will go into the account of the State and the petitioner is ready and willing to provide adequate securities/sureties. Therefore, the District Magistrate, Chapra, may be directed to release the food grains in favor of the petitioner, subject to any other condition that may

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Patna High Court CWJC No.10760 of 2024(4) dt.05-10-2024 3/5

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be imposed.

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Learned counsel appearing on behalf of the respondents has stated that as the petitioner is ready to provide adequate securities/sureties and to abide by the reasonable terms and conditions that may be imposed by the District Magistrate, Chapra, he has no objection if this Hon’ble Court directs the District Magistrate, Chapra, to release the food grains in favor of the petitioner subject to the petitioner providing adequate securities/sureties to the extent of the value of the food grains and also subject to the petitioner abiding by other terms and conditions that may be imposed by the District Magistrate, Chapra.

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Having regard to the above facts and circumstances of the case and also the judgments of this Hon’ble Court referred above, this Court directs the District Magistrate, Chapra, to release the food grains seized from the petitioner in connection with Sonepur P.S. Case No. 265 of 2020, which are subject matter of the present writ petition, subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not in cash or bank guarantee) to the satisfaction of the District Magistrate, Chapra, to the extent of the value of the food grains which may be assessed and that

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Patna High Court CWJC No.10760 of 2024(4) dt.05-10-2024 4/5

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the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the District Magistrate, Chapra.

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Learned counsel for the petitioner undertakes on instruction from the petitioner that if the food grains are released in his favor, in course of trial he will not raise any question with respect to the seizure of the food grains and no identification issue shall be raised in course of trial. Further, the photographs of the jute/plastic bags containing the rice which may be exhibited in course of trial and the samples of the seized food grains if obtained in accordance with law shall not be questioned by the petitioner and he will not claim any benefit out of this order in the pending proceedings and pursuant to the release of the food grains in his favor. This Court direct the District Magistrate, Chapra to verify the food grains are still available and to release the food grains in favour of the petitioner.

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Let the District Magistrate, Chapra, pass an appropriate order after valuation of the food grains and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of receipt/communication of this order.

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Patna High Court CWJC No.10760 of 2024(4) dt.05-10-2024 5/5

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With the above directions, the present Writ Petition

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is allowed to the extent indicated.

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(A. Abhishek Reddy , J)

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Bhardwaj/-

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U

Ramesh Kumar v. The State of Bihar

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Ramesh Kumar v. The State of Bihar

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