IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.597 of 2010 BIGAN PRASAD, S/o Kauleshwar Mahaton @ Fuleshwar Mahto. Versus THE STATE OF BIHAR with Cr.Misc. No.7696 of 2010 BIGAN PRASAD, Kauleshwar Mahaton @ Fuleshwar Mahto. Versus THE STATE OF BIHAR ----------- 05. 02.04.2010 Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Sections 20(b)(ii)(c) of the N.D.P.S. Act. When hearing the bail application of the petitioner in G.R.P. P.S. Case No. 99 of 2009 it was submitted that the petitioner had no criminal antecedent and was therefore granted bail by this court by order dated 18.01.2010. Later on it was discovered that in fact the petitioner was an accused in another case and therefore notices were issued to the pairvikar to explain his conduct. A show cause has been filed on behalf of the petitioner I am not satisfied with his explanation. This Court had also directed the court below not to release the petitioner on bail in case he had not been admitted to bail by - 2 - them since the petitioner was still in custody in G.R.P.S. Case No. 49 of 2009. When both the cases were placed together to appreciate whether the pairvikar’s show cause was creditworthy it was noticed that in the impugned order of G.R.P.S. Case No. 49/09 it was noted that the petitioner is in custody in the said case since 29.08.2009 meaning thereby that the petitioner was well aware about the pendency of another case when a bail application on his behalf was filed on 06.01.2010 in G.R.P. P.S. Case No. 99 of 2009. In view of the deliberate suppression of such vital information from the Court, I am not inclined to consider the merits of the case and in this score alone the prayer for bail is rejected. The order dated 15.02.2010 passed in Cr. Misc. No. 597 of 2010 will not be given effect to by the court below. Vikash/- (Anjana Prakash, J.)