IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9740 of 2010 RAMBABU PASWAN, SON OF LATE RAM SUNDER PASWAN, RESIDENT OF VILLAGE- WAZIDPUR, P.S. BIDUPUR, DISTRICT-VAISHALI. …..Petitioner. Versus THE UNION OF INDIA …..Opposite Party. For the Petitioner : Mr. Sanjay Kumar @ Manu (Adv.) For the State : Mr. Yogendra Kumar Singh (APP). ----------- 04/ 28.07.2010 Counter affidavit has been filed on behalf of Union of India. Heard learned Counsel for the petitioner and learned Counsel for Union of India. Earlier prayer for bail of this petitioner was rejected on 28.07.2009 considering the quantum of recovered Ganja which was kept in his house. His defence was that Ganja was forcibly kept by one Manoj Rai and it was not in conscious possession of the petitioner rather it was found from back portion of the house. The recovery is of from conscious possession of the petitioner. 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 2 he is not guilty of such offence and that he is not likely to commit such an offence while on bail. There is nothing on record from which these inferences can be drawn. Considering the facts and circumstances of the case, I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is again rejected. However, the court is directed to expedite the trial. kksinha/ (Shyam Kishore Sharma, J.)