IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17182 of 2024 ====================================================== Pawan Nayak @ Pavan Kumar Nayak, Son of Late Satya Narayan Nayak, resident of Sanghat Chowk, Madhepur, P.S.-Madhepur, District-Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2. The Collector cum District Magistrate, Madhubani. 3. The Sub-Divisional Magistrate, Jhanjharpur, Madhubani. 4. The Block Supply Officer, Jhanjharpur, Madhubani. 5. The SHO, P.S. Jhanjharpur, Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate. For the Respondent/s : Mr. Government Pleader 07. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 5 09-05-2025 Heard learned counsel for the parties. 2. The present Writ Petition has been filed for the following reliefs:- “….for provisionally release food-grains kept in 794 bags i.e. 126 quintals wheat and 567 bags i.e. 277 quintals rice in favour of the petitioner, subject to result of the Confiscation Appeal No. 08/2023 to the satisfaction of Learned Sessions Judge, Madhubani which was filed against the order dated 21.06.2022 passed by the Collector, Madhubani in Supply Confiscation Case No. 04/2021-22 arising out of Jhanjharpur P.S. Case No. 59/2021 registered under Section 420/467/468/34 of Indian Penal Code and 7 of the E.C. Act whereby and whereunder the Learned Collector Madhubani was pleased to order to confiscate the above mentioned Patna High Court CWJC No.17182 of 2024(5) dt.09-05-2025 2/4 items seized U/s 6A of the E.C. Act from the platform situated at market agriculture committee.” 3. 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 that was seized from the petitioner. 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 Collector-cum- District Magistrate, Madhubani. Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is ultimately the sale proceedings of the confiscated property that will go into the account of the State and that the petitioner is ready and willing to provide adequate securities/sureties. And as such, the Collector-cum-District Magistrate, Madhubani may be directed to release the food grains in his favor subject to any other condition that may be imposed upon. 4. 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 Patna High Court CWJC No.17182 of 2024(5) dt.09-05-2025 3/4 and conditions that may be imposed by the Collector-cum- District Magistrate, Madhubani, he has no objection if this Court directs the Collector-cum-District Magistrate, Madhubani to release the food grains in favor of the petitioner subject to providing adequate securities/sureties to the extent value of the food grains and also subject to the petitioner abiding by other terms and conditions that may be imposed by the Collector- cum-District Magistrate, Madhubani. 5. 5. 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 Collector-cum-District Magistrate, Madhubani to release the food grains of the petitioner seized in connection with Jhanjharpur P.S. Case No. 59/21, 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 Collector-cum-District Magistrate, Madhubani to the extent of the value of the food grains which may be assessed and that the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the Collector-cum-District Magistrate, Madhubani. Patna High Court CWJC No.17182 of 2024(5) dt.09-05-2025 4/4 6. 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 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. 7. Let the Collector-cum-District Magistrate, Madhubani 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. 8. With the above directions, the present writ petition stand disposed of. shakir/- (A. Abhishek Reddy, J) U