IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7266 of 2011 1. LAXMI DAS 2. RAM KUMAR DAS Versus THE STATE OF BIHAR ----------- 02 07.04.2011 Heard learned counsel for the petitioners as well as learned Additional public prosecutor for the State. Petitioners were caught while they were carrying 30 kg. Ganja on a rickshaw. The sole contention of learned counsel for the petitioners is that the petitioners are languishing in jail custody since 30.08.2008 and having similar situated facts one accused of G.O. Case No. 02 of 2008 has already been granted bail by another Bench of this Court vide order dated 12.10.2010 passed in Cr. Misc. No. 36650 of 2010. To fortify the aforesaid contention, learned counsel for the petitioners placed certified copy of above stated order dated 12.10.2010 passed in Cr. Misc. No. 36650 of 2010 before this Court. It appears from perusal of the certified copy of the above stated order that the another Bench of this Court granted bail to one Bharat Kumar Mahto @ Bharat Mahto, who was accused in G.O. Case No. 02 of 2008 after considering his period of detention in jail custody. It appears that petitioners have already been spent near about two years in jail custody and the case of these petitioners appears to be similar of above stated Bharat Kumar Mahto @ Bharat Mahto. So, to maintain the parity of justice, I think it - 2 - proper to release the petitioners on bail. Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Madhubani in connection with G.O. Case No. 03 of 2008 subject to condition that one of the sureties must be local and holder of landed property and furthermore, the petitioners shall swear affidavit before the lower court that they have not been made accused in any other such type of case prior to institution of the present case. It is made clear that if it is found by the trial court that they had been made accused in any such type of similar case prior to institution of the present case, the trial judge shall be at liberty to cancel the bail bonds of the petitioners. Shahzad (Hemant Kumar Srivastava, J )