IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3781 of 2009 NAZIR MIAN S/O-Late Sahdin Mian, R/O-Vill-Kauana, P.O.-Korihar, P.S.-Raxaul, Distt.-East Champaran. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 5/ 25.07.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offences under Sections 20, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner was driving Bolero Jeep which was intercepted and it was carrying 120 Kg. of Charas. It was sent for chemical examination. The chemical examination report has been received and the alleged article was found to be Charas. Initially, it was submitted that the seized article has not been sent for chemical examination and so the report was called for. The report has been received that the 2 alleged article has been duly examined and found to be Charas. The recovered Charas is of commercial quantity. 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 on bail only if the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit such offence while on bail. There is nothing on record from which these inferences can be drawn. Considering the legal position and the quantity of recovery, I am not inclined to consider the prayer for bail of the petitioner. Accordingly, his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)