IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17312 of 2009 RAMBABU PASWAN S/O-Late Ram Sunder Paswan, R/O-Vill-Wazidpur, P.S.-Bidupur, Distt.-Vaishali. ………………………………………Petitioner. Versus THE UNION OF INDIA …………………………………………..Opposite Party. WITH Cr.Misc. No.22270 of 2009 SURYA KANT RAI S/O-Late Jagdish Rai, R/O-Vill-Kutubpur Saidpur, P.S.-Bidupur, Distt.-Vaishali. ………………………………………Petitioner. Versus THE UNION OF INDIA …………………………………………..Opposite Party. ----------- 3/ 28.07.2009 Since both the above bail applications have arisen out of one occurrence which has led to registration of the case under Sections 20, 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act they have been heard together and are being disposed of by this common order. In course of raid on 05.12.2008 at 9.00 p.m., 70 kgs. of Ganja were found which was kept in eight packets. The seizure was from the house of the petitioner Rambabu Paswan. He was arrested and he made statement before the intelligence officer and disclosed that Manoj Rai and his brother 2 Surya Kant Rai have kept the Ganja in his house. Submission on behalf of petitioner Rambabu Paswan is that in the prosecution report it was mentioned that the alleged Ganja was forcibly kept by the criminal Manoj Rai and so the petitioner is not responsible for keeping the alleged Ganja. Submission on behalf of petitioner Surya Kant Rai is that except confession of co- accused Rambabu Rai there is nothing against him and he has been falsely implicated by the petitioner Rambabu Rai due to enmity. The case of petitioner Rambabu Rai and Surya Kant Rai are completely on different footing. The recovery of alleged Ganja is of commercial quantity from the conscious possession of Rambabu Rai. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner namely Rambabu Rai [in Cr. Misc. No.- 17312/2009]. 3 Accordingly prayer for bail of the petitioner Rambabu Rai is rejected. So far as petitioner namely Surya Kant Rai [in Cr. Misc. No.-22270/2009] is concerned he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (N.D.P.S. Act)/concerned court Muzaffarpur in connection with DRI Case No.-11 of 2008. kksinha/ (Shyam Kishore Sharma, J.)