SAURAV KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for the following reliefs:-

(2.) Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances this Court in CWJC No. 697 of 2022 dtd. 7/7/2022 and CWJC No. 7145 of 2023 dtd. 22/6/2023 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 District Magistrate, Supaul. 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 District Magistrate, Supaul, may be directed to release the food grains in his favor subject to any other condition that may be imposed upon.

(3.) 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, Supaul, he has no objection if this Court directs the District Magistrate, Supaul 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 District Magistrate, Supaul.