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Calcutta High CourtCRM (DB)/1937/2022dismissed

Manish Kishore Nag v. State Of West Bengal

2023-01-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

05.01.2023 sl.32/Ct.No.28 C.R.M. (DB) 1937 of 2022 tkm In Re : An application for cancellation of bail under section 439(2) of the Code of Criminal Procedure and In Re : Manish Kishore Nag ..... Petitioner.

Mr. Robiul Islam Mr. K M Hossain Mr. Raju Mondal ... for OP nos. 1 to 7 Order dated 20th January 2022 granting bail to the opposite parties is under challenge.

Nobody appears for the petitioner.

Mr. Islam for the opposite parties submits they had lawful right to carry on pisciculture in the pond. This is supported by the Revenue Inspector's report which is placed on record. His clients had complied with section 41A Cr.P.C and were enlarged on bail.

We have considered the materials on record. Opposite parties have a colour of right to carry on pisciculture in the pond. They had co-operated during investigation. In view of Satender Kumar Antil vs. CBI1 opposite parties were entitled to be released on bail. Under such circumstances we do not find any merit in the application and the same is dismissed.

(Ajay Kumar Gupta, J. ) ( Joymalya Bagchi, J.) 1 (2022) 10 SCC 51