IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45137 of 2008 SURYA NARAIN BHARTI @ SIKANDAR Versus STATE OF BIHAR ----------- 4/ 16.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Prayer for bail of the petitioner was rejected earlier twice considering the fact that he had escaped from the jail after breaking the wall. Submission is that many persons have been escaped from the jail the petitioner was one of them. The petitioner is co-accused in which charges have been framed and prayer for bail is proceeding. He is accused of carrying 25 Kgs. of Ganja which is described as commercial quantity. Provisions for bail to the accused who are involved in dealing with commercial quantity is dealt in Section 37 of the N.D.P.S. Act. According to the Section 37 of the Act an accused can only be granted bail if the Court comes to the opinion that the accused was not likely to commit such an offence while on bail or he was not guilty of such an offence. Conditions cannot be held at this state, considering this, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is again - 2 - rejected. However, the Trial Court is directed to see that the trial is concluded without delay because the petitioner is in custody since long. kksinha/ (Shyam Kishore Sharma, J.)