IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45667 of 2008 BIJINDAR RAY @ BIRENDRA RAY, son of Jailal Ray, resident of village Jethuli, P.S. Fatuha, District Patna …. Petitioner Versus STATE OF BIHAR ……. Opposite party ----------- 02/ 26.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 414 of the Indian Penal Code and Sections 20/22 of the NDPS Act and is named in the First Information Report on the basis of the statement of co-accused Satyendra Kumar Yadav, who was arrested on the spot and from his custody 11 Kilograms of Ganja along with one Nokia Mobile phone and Rs. 3,400/- was recovered. It is submitted on behalf of the petitioner that said Satyendra Kumar Yadav has since been admitted to the privilege of bail by another Bench of this Court under orders dated 30.6.2008, passed in Cr. Misc. No. 22021 of 2008, Annexure-2 to this application. It is further submitted on his behalf that besides the present case, he is accused in one another case registered for the offence under Sections 20/22 of the NDPS Act, but in the said case also there was no recovery from him and appreciating such fact, he has been admitted to the privilege of bail by this Court under orders dated 15.2.2008, passed in Cr. Misc. No. 40134 of 2008. Let the fact that petitioner, Bijindar Ray @ Birendra Ray is accused in only two cases of NDPS Act, including the 2 present case and there is no third case pending against him be verified by the court below and if found correct, then he be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IX, Patna in connection with Special Case No. 59 of 2007, arising out of Bypass P.S. Case No. 22 of 2007. Arjun/ (V.N. Sinha, J.)