IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44225 of 2008 RAJ BALI PASWAN … … Petitioner Versus The UNION OF INDIA … … Opp. Party For the petitioner: Shri Jitendra Singh, For the Union of India: Shri Sudhir Singh, A.S.G. - - - - 2. 22.10.2008 Heard both the sides. The petition is to renew the prayer which was earlier dismissed by Annexure-1 in Cr. Misc. No. 30234 of 2007. That particular order contains the facts of the case and reason for denying the prayer. Learned counsel for the petitioner has mainly placed the fact that some of the accused persons have been admitted to bail by orders appearing as Annexures- 6 series from pages 34 to 39 of the present petition. The further contention was that if the complainant who was a public servant was found carrying similar substance in his official vehicle by the police for which he was rounded up and the F.I.R. was lodged, then it could be said that the whole allegation could be cooked up and the recovery might be fictitious. This 2 Court does not want to say anything on the allegation of the two cases except that when the public servant who is ordained to conduct raids, make searches and recover narcotic drugs substance could very well be found carrying some substance or drugs while traveling on road, there may not be anything to be said except what I have stated. Besides, one may not ignore the provision of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act which sets down three conditions in the case of present nature for granting bail, one of which could be that the Court should record a finding that there could be reason to believe that the accused may not be guilty of such offence and further that he is not likely to commit any offence. It could be very difficult for a Judge to record any such finding and in any such matters as being connected to recovery, the Courts are precluded to grant bail to an accused. The petition is dismissed. The Court is informed that the charge has not been framed. I believe, the Special 3 Judge shall look to the file and ensure that the trial takes off and is expedited. Kanth ( Dharnidhar Jha, J.)