IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2626 of 2009 RANJEET KUMAR DAS S/O-Late Paltu Das, R/O-Vill-Larua, P.S.-Tajpur (Halai), Distt.-Samastipur. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.48762 of 2008 ASHOK KUMAR RAI S/O-Ram Prasad Rai, R/O-Vill-Banbira, P.S.-Tajpur (Halai), Distt.-Samastipur. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 03.03.2009 Since both above these bail applications have arisen out of one occurrence i.e. Desari P.S. Case No. 97 of 2008, they have been heard together and are being disposed of by this common order. The First Information Report has been registered under Section 414 of the Indian Penal Code and Section 20(B)/22 of the N.D.P.S. Act. The allegation in this case is of recovery of 96 kg. Ganja from the vehicle which was being occupied by the petitioners at the time of occurrence. Submission on behalf of petitioner Ashok Kumar Rai is that he is merely a driven and was not concerned with the articles to be carried. On behalf of petitioner Ranjeet Kumar Das, it is submitted that he was a passenger and was not responsible for carriage of the goods. - 2 - 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 quantity of recover, I am not inclined to consider the prayer for bail of the petitioners. Accordingly, their prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)