IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5940 of 2010 ARBIND KUMAR Versus THE STATE OF BIHAR ----------- For Petitioner: Mr. Bibhuti Pandey, Sr. Advocate and Mr. Suresh Chandra Giri, Advocate For the State : Mr. S.A.Ahmad, APP For Union of India: Mr. Dwivedi Surendra, Advocate -------- 9. 22.06.2011 Heard the learned Counsel for the petitioner, the State and the Union of India. Harnaut PS Case No. 195 of 2009 under Sections 20 & 22 of the NDPS Act was lodged in which the petitioner was a named accused. This Court granted him bail in the present application on 28.3.2010 on basis of a forensic report relied on behalf of the petitioner that the allegedly seized item was not narcotic. A communication was received from the 2nd Additional District and Sessions Judge, Nalanda at Biharsharif with regard to genuineness of the forensic report on basis of which bail came to be granted. In the meantime it transpires that in Cr. Misc. No. 6651 of 2010 preferred by another co-accused in fact the genuine report of the Department of Forensics confirmed the nature of the allegedly seized item as narcotic. The basic premise of the order granting bail dated 8.3.2010 therefore vanishes. Counsel for the petitioner unable to defend the grant of bail submits that presently the petitioner is in custody in context of another case i.e. Shastrinagar PS Case No. 370 of 2008. He therefore prays that he may be remanded in the present case also. No orders can be passed in that regard by this Court in the present application and it is for the petitioner to move an appropriate application before the concerned trial court. The order dated 8.3.2010 in the present application granting bail to the petitioner is therefore cancelled and recalled. Since the petitioner is already in custody there is no need to give any direction for his surrender to custody presently. The bail application is dismissed. Snkumar/- (Navin Sinha,J.)