IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29805 of 2009 JAGDISH YADAV S/O-Sri Sukhai Yadav, R/O-Vill/Moh.-Muradiha, P.S.-Maharjganj, Dist.-Faizabad, State-U.P. ………………………………..Petitioner. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 2/ 09.09.2009 Heard Mr. Bindeshwar Kumar-I, learned Counsel for the petitioner and learned APP appearing on behalf of the State. Considering the recovery of 24 Kgs. Ganja up to commercial quantity, prayer for bail of the petitioner was rejected. Submission is that the petitioner is in custody since 27.12.2006 but there is no substantial progress in the trial. 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 only if the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he 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 2 quantity of recovery, I am not inclined to consider the prayer for bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the court below is directed to expedite the trial taking into account that the petitioner is in custody since long. kksinha/- ( Shyam Kishore Sharma, J. )