IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24314 of 2009 MUNSHI RAI, S/o. late Indra Deo Rai, r/o. Village- Laganpura, P.S. Bheldi, P.O. Pachrookhi, District- Saran at Chapra. Versus UNION OF INDIA ----------- 02. 06.01.2010 This is the fourth attempt for bail of the petitioner. His prayer for bail having been rejected earlier thrice by this Court under Cr. Misc. Nos.19379 of 2003, 29138 of 2004 and 23740 of 2005. The case is under Sections 20, 23 & 25 of N.D.P.S. Act. The bail prayer of this petitioner was earlier rejected on the ground that 50 Kgs of Ganja was recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is in custody since 11.04.2003. It is also submitted that one accused namely, Bhushan Singh, though of a different case but from whom 50 Kgs was recovered, has been allowed bail by a Bench of this Court under order dated 26.05.2008 passed in Cr. Misc. No.35266 of 2008 vide Annexure-4 to the petition. The learned counsel for Union of India submits that the recovery amounting to 50 Kgs is a commercial quantity. He further submits that Section 37 of the N.D.P.S. Act bars grant of bail in case involving commercial quantity and that is such case bail can be granted only when Court comes to the 2 finding that the petitioner is not guilty of such offence and he is not likely to commit any offence if released on bail. It is submitted that there is no material to come to such a finding. In the facts and circumstances, I do not feel inclined to allow bail to the petitioner. Accordingly, the bail prayer of the petitioner is rejected. Mkr. (C.M. Prasad, J.)