IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24445 of 2009 KRISHNA SAO S/O-Ramnandan Sao, R/O-Vill/Moh.-Rampur, P.S.-Raghopur, Dist.-Vaishali. ……………………………………….Petitioner. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 3/ 20.08.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner’s prayer for bail has been rejected twice, this is the 3rd attempt. The petitioner is the sole named accused of the case in which the allegation is that he was found in possession of 160 kgs. of Ganja. The recovered Ganja 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 N.D.P.S. 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 2 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 grant prayer for bail of the petitioner. Accordingly, his prayer for bail is rejected. kksinha/- ( Shyam Kishore Sharma, J. )