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Patna High Court

Pyara LimbuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Petitioner Pyara Limbu was arrested for alleged possession of 20 grams of brown sugar, alleged to be an offence under sections 8(c) and 21(b) of the NDPS Act. The petitioner claimed innocence, argued that the seizure violated procedural requirements of Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act, and highlighted the absence of any criminal antecedent and his prolonged pre‑trial detention since 28‑08‑2025. The State opposed the bail application. After hearing both sides, the Court found merit in the procedural objections and the petitioner’s personal circumstances, and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions Judge‑c‑m‑Special Judge (NDPS).

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act for possession of 20 grams of narcotic substance.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act during seizure warrants grant of bail.
  • Whether the petitioner’s lack of criminal antecedent and the period of pre‑trial detention justify bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • seizure procedure
  • quantity of narcotic
  • procedural lapse
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33102 of 2026
                         Arising Out of PS. Case No.-43 Year-2025 Thana- Basmatia District- Araria
                 ======================================================
                 Pyara Limbu Son of Bamb Bahadur Limbu @ Chandra Bahadur Resident of
                 Village- Gaon Devi, Ward No, 05, P.S.- Patanbaari, District- Dharan, (Nepal).

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kumar Ravish, Advocate
                 For the Opposite Party/s :         Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8(c) and

                   21(b) of the NDPS Act.

                                3. The case of the prosecution is that from the pocket

                   of this petitioner, altogether 20 grams of brown sugar was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner has submitted that while making seizure, Sections 105

                   of B.N.S.S. and Section 50 of NDPS Act have not been

                   complied and the seizure list witnesses are police personnel. It
            Patna High Court CR. MISC. No.33102 of 2026(2) dt.14-05-2026
                                                        2/2




                      has also been submitted that though the quantum of the

                      contraband which has been recovered from the possession of

                      this petitioner is more than small quantity but is much less than

                      commercial        quantity.     Petitioner      is   having   no   criminal

                      antecedent. Moreover, he is languishing in judicial custody since

                      28.08.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Basmatiya P.S. Case No. 43 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Sessions Judge-cum-Special

                      Judge (NDPS Act), Araria.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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