IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23076 of 2009 SHYAM PODDAR Versus THE STATE OF BIHAR ----------- 2/ 02/07/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in a police case under Sections- 392 and 411 of I.P.C. for allegations of motorcycle loot. The allegations are that three persons on a motorcycle intercepted the informant, snatched his motorcycle. Two of them sat on his motorcycle and drove it away. The F.I.R. names one Chhotu Singh as one of the persons, Reetan Kumar Singh as the second and the third is the petitioner. It appears that the co-accused Chhotu Singh moved before the court below for regular bail which was rejected, but came to be granted by this Court in Cr. Misc. No.16693/08 on 23.5.2008. The petitioner then moved his application for bail before the court below and cited the orders of this Court to submit that co-accused with common allegations had been granted bail by this Court and, therefore, the privilege of bail may be extended to the petitioner also. 2 The impugned order of rejection states that the prayer for bail of the co-accused was rejected by the court below and, therefore, there was no occasion for it to consider the prayer for bail of the petitioner. Ours is a system of Hierarchy of Courts. When a superior court passes an order, the subordinate courts are expected to follow the same. Any other stand would be untenable, unless, of course, differentiating factors are pointed out in the order displaying application of mind why the benefit of the same may not be available to another. No such grounds have been set out in the impugned order. It is on account of the orders as the present one that bail applications are coming in a virtual deluge to the High Court stumping it with an insurmountable burden. Considering that the co-accused with common allegations had already been granted bail by this Court, let the petitioner above named be enlarged on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Shri Indrajeet Singh, J.M. Saharsa in connection with Saharsa Sadar P.S. Case No.548/07 in G.R. No.2000/07 Let a copy of this order be placed before the 3 presiding officer who has passed the impugned order. KC ( Navin Sinha, J.)