IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30165 of 2009 PHULCHAND RAM Son of Late Mag Ram, resident of Village-Ankauna, Police Station-Itarhi, District- Buxar. Versus STATE OF BIHAR ----------- 3 15/10/2009 Heard Mrs. Soni Shrivastava, learned counsel for the petitioner and also counsel for the State. At the out set Mrs. Shrivastava files an affidavit sworn by an Advocate’s Clerk, stating therein, that the petitioner after filing of this application on 13.8.2009 appears to have filed another bail application against the same order of the court below and for the same offence arising out of N.D.P.S. Case no.7/08 and Buxar P.S. Case No.79/08 in this Court on 26.8.2009 being Cr. Misc. No.31662 of 2009. Mrs. Shrivastava submits that the pairvikar of this case had never informed filing of second bail application by the petitioner and in fact order of this Court dated 1.9.2009 passed in this case would itself demonstrate that argument was made by her and diary was called for only because she was made never aware of filing of second bail application. It has also been submitted by Mrs. Shrivastava that subsequently when this case was listed again on receipt of the case diary she was instructed not to press this application by one Sri Suresh Kumar, Advocate practicing at Buxar Civil Court on the ground that the petitioner has been directed to be enlarged on bail in the subsequent bail application filed by him by order dated 17.9.2009 in Cr. Misc. No.31662 of 2009. 2 By making these submissions Mrs. Shrivastava wants to withdraw this application. Counsel for the State has also no objection to such withdrawal, but then he would submit that filing of second bail application during pendency of this first bail application should not be viewed lightly as it would definitely amount to give encouragement to Bench hunting tactics of the petitioner and obtaining bail by suppression of facts in the second bail application. Having regard to the aforementioned facts and circumstances, while this Court would allow prayer of Mrs. Shrivastava and dismiss this application as withdrawn, it would at the same time direct the office of this Court to place this order, along with its explanation as to how it had failed in pointing out filing of the second bail application by the same petitioner and enclosing the computerized statement, a practice being followed to find out the position of filing/order of this Court in any bail application arising out a particular police case, before the Bench granting bail to the petitioner by order dated 17.9.2009 in Cr. Misc. No.31662 of 2009 for passing an appropriate order, after obtaining necessary orders of Hon’ble the Chief Justice. Abhay Kumar (Mihir Kumar Jha, J.)