IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48035 of 2008 BHUNESHWAR RAI SON OF DEO NANDAN RAI RESIDENT OF VILLAGE GANJPER KE DORA,P.S.BAKHTIARPUR,DISTRICT PATNA Versus STATE OF BIHAR ----------- 3/ 20.2.2009 Heard learned counsel for the parties. The petitioner is an accused of a case which has been registered for offences under Section 20 and 22 of the N.D.P.S.Act on the allegation that he was found in possession of 196 K.gs. of ganja. Submission is that this is a case of false implication because seizure list was prepared prior to the registration of the first information report. P.O. house does not belong to the petitioner. He lives in Bakhtiarpur and he does not go to the village. Evenif the allegation is taken to be true, P.O. house was an abandoned house. The copy of the seizure list has not been given to the petitioner. The provision of grant of bail to an accused who is involved in offence relating to recovery of commercial quantity is prescribed under Section 37 of the Narcotic Drugs and Psychotropic Substances Act and the accused is entitled to be released only if the court is satisfied that there are reasonable grounds for believing that he is not of guilty of such offence and that he is not likely to commit any offence while on bail. There is nothing on record from which these inferences can be drawn. In the case diary, incident of the petitioner is mentioned and he is involved in similar type of cases from before. Considering all these, I am not inclined to 2 grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)