IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10692 of 2009 JHULAN RAI @ JHUMLAL RAI SON OF HARINATH RAI RESIDENT OF JETHULI,P.S.FATHUA,DISTT.PATNA Versus STATE OF BIHAR ----------- 3/ 3.8.2009 Heard learned counsel for the parties. The petitioner seeks bail in Fathua P.S.Case No. 247 of 2008 (Special Case No. 43 of 2008) registered for offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act. Allegation against the petitioner is that he was arrested with 25 Kgs. Of ganja. Submission is that there is no mentioning about the weight of ganja in the first information report and it cannot be said to be of commercial quantity. The petitioner is of fair antecedent and this is the first case in which he has been implicated. Photo copy of the case diary has been received. In the case diary, the weight of the ganja is mentioned as 25 Kgs. So the seized ganja from the petitioner 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 only if the court is satisfied that there are reasonable grounds for believing that he/she is not guilty of such offence and that he/she is not likely to commit any 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 bail 2 to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)