IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50350 of 2008 ATUL RAJ SINGH Versus STATE OF BIHAR ----------- 4 18.2.2009 Heard counsel for the petitioner and counsel for the State. Earlier the bail application of the petitioner was rejected by this Court by an order dated 28.5.2008 passed in Cr. Misc. No. 55920 of 2007. The petitioner pursuant to the observations made in the aforementioned order had also moved before the court below which has rejected the prayer for bail of the petitioner by giving reasons. One of them being that the report of the Forensic Science Laboratory with regard to the contents of the discovered articles was not received. This Court accordingly had called for a report and such report has been received from the Forensic Science Laboratory which would reveal that the sealed goods were definitely covered by the ambit of N.D.P.S. Act. Ordinarily, such report was also sufficient for rejection of the bail of the petitioner but then counsel for the petitioner would rely atleast on three orders of this Court which were passed after rejection of the bail of the petitioner by this Court whereby and whereunder co-accused have been granted bail. Details of such orders have been mentioned in paragraph no.11 of this bail application which reads as follows:- “That the main accused of this case namely Brijendra Sukla from whose possession the alleged recovery of articles were made, has been enlarged on bail vide Cr. misc. no. 2074/08 by order dated 26.5.08 passed by Hon’ble Mr. Justice V.N. Sinha and 2 all the other co-accused namely Nagendra narayan Upadhyaya was allowed bail vide order dated 3.6.08 passed in Cr. misc. no. 21118/08, Madan Sah @ Sadan Sah and Baban Sah were allowed bail vide order dated 22.9.08 passed in Cr. misc. no. 4019/08 and Raju Maurya was allowed bail vide order dated 12.11.08 passed in Cr. misc. no. 13952/08 respectively.” It is simply in order to maintain the comity of the Court that the petitioner is also directed to be released on bail as all other co- accused having similar, better or worse allegations, have already been directed to be released on bail under aforesaid orders of this Court That being so, this Court would direct the petitioner namely Atul Raj Singh to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of 1st Additional Sessions Judge, Kaimur at Bhabhua in connection with Tr. No. 03/2008 arising out of Chand P.S. Case No. 49/2007. It is, however made clear that one of the sureties of the petitioner must be a gazetted government servant and/or the owner of the vehicle. Rsh (Mihir Kumar Jha, J.)