Patna High Court
Pyara LimbuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 50, 8(c)
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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