Suman Kumar Sah @ Suman Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2489 of 2019 ====================================================== Suman Kumar Sah @ Suman Kumar Son of Late Chamru Sah Resident of Village- Udairampur, Police Station- Kahalgaon (Ghogha), DistrictBhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supply, Govt. of Bihar, Patna 2.

The Marketing Officer, Kahalgaon Sub-Division, Kahalgaon, Bhagalpur 3.

The Superintendent of Police, Bhagalpur 4.

The Sub-Divisional Police Officer, Kahalgaon, Bhagalpur 5.

The Officer-in-Charge, Kahalgaon Police Station, Kahalgaon, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

Mr. Ravi Prakash Dwivedi, Adv.

For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 15-07-2026

1. The Writ petition is filed seeking a direction for the release of Arwa rice and other articles seized in connection with Kahalgaon (Ghogha) P.S. Case No. 666 of 2018, registered for the offence punishable under Section 7 of the Essential Commodities Act.

2. During the course of arguments, it is contended by the Learned counsel for the respondents that the major article seized in Kahalgaon (Ghogha) P.S. Case No. 666 of 2018 is

Patna High Court CWJC No.2489 of 2019(6) dt.15-07-2026 2/3 rice, and the authorities might have sold the said rice in auction, and the sale proceeds might have been deposited in the Government Treasury. It is further contended by the Learned counsel for the respondents that the matter has become infructuous.

3. On the other hand, the Learned counsel for the petitioner contends that the petitioner would be entitled to the sale proceeds if the said rice has been auctioned, otherwise, he may be entitled for the release of the goods/foodgrains.

4. Taking into consideration that the matter pertains to the year 2018 and has come up for hearing in the year 2026, this Court considers the submissions made by both the Learned counsel and grants liberty to the petitioner to make an appropriate application before the concerned authority either for release of the goods/foodgrains or for the sale proceeds, if the same have been auctioned by the respondents, within one month from the date of receipt of this order.

Patna High Court CWJC No.2489 of 2019(6) dt.15-07-2026 3/3

5. With the aforesaid liberty, the Writ petition is dismissed as withdrawn.

(G. Anupama Chakravarthy, J) Amandeep/- U