IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8912 of 2011 1. Fuleshwar Yadav 2. Nageshwar Yadav Versus The State Of Bihar ----------- 6 28.06.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Case No. 361C/2004 registered under Sections 26(g), 41, 42, 52, 63, 27, 29 and 32 of the Indian Forest Act pending in the court of learned Sub-divisional Judicial Magistrate, Munger. The accusation is of illegal mining and transporting the same. It is submitted by the learned counsel for the petitioners that the order dated 11.02.2011 passed by the learned court below has been brought on record which reflects that the summons were not served against the petitioners. It is further submitted that the petitioners were not apprehended at the spot. Since the case was instituted in the year 2004, this Court is not inclined to interfere, however, in 2 the circumstances that the summons were not served, it is a fit ground for consideration of regular bail. Let the learned court below consider the regular bail of the petitioner and dispose of the same preferably on the same day if the petitioners surrender within a period of four weeks. With the above observation, this application is, accordingly, disposed off. Let the order be communicated to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, J.)