IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40161 of 2010 PARAS CHAUDHARY @ PARAS SAHANI, Son of Ramashray Sahani, resident of Village- Sidhwalia, Police Station-Kangali, District-West Champaran ----------------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Union of India ----------------- Opp.Parties. ----------- 04 10-03-2011 Heard learned counsel for the petitioner, Sri A.M.P.Mehta, learned Addl. Public Prosecutor and Sri Md. Abu Haider, learned counsel appearing on behalf of Union of India. The petitioner, who is in custody since 09.5.2010 in Kangali P.S. Case No.16 of 2010, N.D.P.S. Case No.38 of 2010 registered for the offence under Section 20, 22,23,27(A), 29 of the N.D.P.S. Act, has prayed for grant of bail. The F.I.R. was lodged against the petitioner and 25 others. The petitioner was arrested on the spot by officials of the S.S.B. while number of accused persons were carrying Ganja from Nepal. From the possession of the petitioner, about 21 Kg Ganja was recovered. While other accused persons were fleeing away, they threw the bag and in the occurrence total 428 Kg Ganja was recovered. Learned counsel for the petitioner submits that the petitioner is a labourer and only on suspicion he was arrested. It was further submitted that number of other F.I.R. accused persons have already been granted bail. Sri Md.Abu Haider, learned counsel for the Union of India and Sri A.M.P.Mehta learned Addl.Public Prosecutor have 2 strongly opposed the prayer for bail of the petitioner. It was submitted that recovered Ganja was of commercial quantity and as such, the petitioner is not entitled to get the privilege of bail. Considering the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected. Keeping in view the fact that the petitioner is in jail since 09.05.2010, it is desirable to direct the court below as well as the prosecution to take all steps, so that the case may come to its logical end without unnecessary delay. NKS/- ( Rakesh Kumar,J.)