IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21788 of 2009 BIJAY RAI Versus STATE OF BIHAR ----------- 03. 12.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under diverse Sections of the N.D.P.S.Act. The allegation is that petitioner was traced moving with a suit-case/attache by the informant, who is a chowkidar. When chase was offered, it is said that he relieved himself of the suit-case/attache and fled away but ultimately arrested. It is alleged from the suit-case 03 Kgs of ‘Ganja’ was recovered Learned counsel for the petitioner submits that the seizure was not effected in accordance with law. It is further contended that admittedly the ‘Ganja’ cannot be said to have been found in conscious possession of the petitioner. It is further highlighted that 03 Kgs of ‘Ganja’ would come within the small and commercial quantity. Having regard to the allegations and the materials available in support thereof, this court, for the present, is not persuaded to admit him to bail. Prayer for bail is, accordingly, rejected. Considering the last submission of the learned counsel, this court grants liberty to the petitioner to renew prayer for bail after 08 months if the trial of the case in the meanwhile is not taken up. Sym/ (Kishore K. Mandal, J.)