Md. Mustak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53845 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -IMAMGANJ District- GAYA ======================================================

1. Md. Mustak Son of Late Abdul Rahman Resident of Village-Hariharganj Police Station-Hariharganj, District-Palamu, State-Jharkhand

2. Md. Shamse Alam @ Shamse Alam Son of Jannat Hussain Resident of Village-Ararua, Police Station-Hariharganj, District-Palamu, StateJharkhand .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

It has been submitted on behalf of the petitioners that 50 kgs fish were recovered from the Bollero of the petitioners. However, it has been submitted on behalf of the petitioners that the offence under section 212 of the Indian Penal Code or 17 C.L.A. Act could not be made out against the petitioners. Petitioners are in custody since 2.10.2016.

Heard learned APP appearing for the State who could not controvert this fact.

In view of the fact stated above, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.53845 of 2016 (2) dt.15-12-2016 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Sherghati in Gaya P.S. Case No. 166 of 2016. (Vinod Kumar Sinha, J) A.I./- U