IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40324 of 2009 JAGDISH PATEL SON OF NARSINGH RAUT PATEL, R/O VILLAGE- DUBIYA, P.S.- POKHARIYA, DISTRICT- PARAS, NEPAL Versus STATE OF BIHAR ----------- 4 28/01/2010 Heard Mr. Sanjay Kumar No. 7 learned counsel for the petitioner and Mr. Raghib Ahshan the learned Senior Counsel for the Union of India. The petitioner seeks bail in a case which has been registered under Sections 20 and 22 of the N.D.P.S. Act. The allegation relates to recovery of two quintals of Ganja from the place where it was thrown. The petitioner with one another accused was apprehended. Submission is that the petitioner was returning from India and on boarder he was arrested. He is a police personnel of Nepal and he has no concern with the recovered Ganja. It appears that prayer for bail of similarly situated accused was refused by this Court vide order dated 24.12.2009 passed in Cr. Misc. No. 35736 of 2009. The recovery is of commercial quantity and such bail applications are dealt under Section 37 of the N.D.P.S. Act. It gives limited role to the Court for granting bail to such accused. 2 Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)