IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36102 of 2009 ASHARFI CHAUDHARY S/O LATE RAMASHISH CHAUDHARY VILL.- JETHULI, P.S.- FATUHA, DISTT.- PATNA Versus THE STATE OF BIHAR ----------- 2. 3.11.2009 Heard counsel for the petitioner and the counsel for the State. The recovery of 22 Kgs. of ganja from the conscious possession of the petitioner is not in controversy, inasmuch as the petitioner also accepts that the police had recovered it from the Auto- rickshaw which belongs to the petitioner. The only defence of the petitioner is that the consignment of 22 kgs. of ganja was not of the petitioner but some passenger whom the police could not trace and has made the petitioner alone to be guilty for possession of such Ganja. The said defence, however, gets exposed from the fact that there is a licence in the name of the petitioner issued in the year 1996 and its renewal was for the period 3.12.1996 to 2.12.1999. Thereafter the licence was never renewed and the counsel has pointed out that such renewal was made only on 14th August, 2009 and therefore, the submission that on the day on 2 which such recovery was made i.e. 6.4.2009 the petitioner was actually driving that Auto-rickshaw on the basis of a valid licence by itself cannot be accepted. That being so, considering the recovery of 22 kgs. of ganja from the petitioner, which being above the commercial quantity, the petitioner is not entitled for grant of bail for the present. His prayer for bail, therefore, is rejected. Since the petitioner is in custody since 6.4.2009, this Court would direct the trial court to ensure that the trial of the petitioner is concluded within a period of one year from today and if the trial of the petitioner is not concluded in the aforementioned period the petitioner shall initially move for bail before the trial court which shall record the reasons for not concluding the trial and only thereafter the petitioner may move for bail before this Court. (Mihir Kumar Jha,J.) Surendra/