IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38563 of 2008 BIRENDRA RAI Versus STATE OF BIHAR - - - - 2. 9.9.2008 Heard. The petitioner was the pillion rider of the motorcycle which was being driven by accused Rameshwar Mahto. A gunny bag was held by the petitioner between him and accused Rameshwar Mahto and that bag was containing 30 K.G.of contraband ganja. Considering the facts and circumstances the prayer for bail of the petitioner was dismissed by annexure 1. The contention is that two witnesses of the seizure were examined and did not support the factum. In support of the contention, the deposition sheets have been annexed as Annexure-3 series. I do not want to express any opinion on the merits of their evidence because the same is the duty cast upon the trial court to discharge it. I had assigned reasons in the earlier order on which the bail could not be granted and I do not see any change to reconsider the same. Besides, I could see that major part of the prosecution 2 witnesses are yet to be examined and on that account, the prayer could not be allowed. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)