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Patna High Court

Sekh Dawood @ Sheikh Daud @ SK DaudversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, granting bail to the petitioner with specified conditions.

Summary

The petitioner, Sekh Dawood, was arrested in connection with a case registered on 9 August 2025 for alleged offences under Sections 20(b)(ii)(B), 22 and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after 2 kg of ganja was recovered from the house of co‑accused Yogendra Dubey. The petitioner contended that he merely assisted in making sachets of ganja at the co‑accused's residence, had been falsely implicated, and had been in custody since 10 August 2025, while the main accused had already been released on regular bail. The State opposed the bail, arguing the seriousness of the offences and the petitioner’s criminal antecedent. The Court examined the facts, the petitioner’s role, his prior record, and the procedural history, and concluded that bail could be granted with strict conditions. Accordingly, the Court ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation with investigation, non‑interference with witnesses, and disclosure of any further criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act for alleged offences of possession and processing of cannabis.
  • Whether the petitioner’s prior criminal antecedent and failure to apply for anticipatory bail affect the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offences
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91681 of 2025
                  Arising Out of PS. Case No.-220 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Sekh Dawood @ Sheikh Daud @ SK Daud S/O Sekh Serajul @ Shekh
                 Serajul R/O Village- Chandmohan Bada, P.S- Kundwa Chainpur, District-
                 East Champaran.
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Jitendra Kumar, Advocate
                                                Ms. Shambhavi Priya, Advocate
                 For the State           :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Kundwa Chainpur P.S. Case No. 220 of 2025 dated 09.08.2025,

                   registered for the offences punishable under Sections 20(b)(ii)

                   (B), 22 and 25 of NDPS Act.

                                  3. As per allegation, 2 Kg of ganja has been recovered

                   from the house of co-accused, Yogendra Dubey and as per

                   further case of the police, the petitioner and other co-accused

                   were making sachet of ganja at the house of co-accused,

                   Yogendra Dubey.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.91681 of 2025(2) dt.15-01-2026
                                            2/3




          case. He further submits that the main accused has been already

          enlarged on regular bail by a co-ordinate Bench of this Court

          and the case of the petitioner stands on better footing than that

          of Yogendra Dubey, because as per allegation, he was only

          making sachet of ganja at the house of co-accused, Yogendra

          Dubey.

                       5. He further submits that the petitioner has been

          languishing in jail since 10.08.2025.

                       6. It has also been stated in paragraph no. 3 of the bail

          petition that the petitioner has one criminal antecedents.

                       7. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one.

                       8. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail.

                       9. Considering the aforesaid facts and circumstances,

          this application is allowed, directing the petitioner, above-

          named, to be enlarged on bail on his furnishing bail bonds in the

          sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned concerned Court

          below in connection with Kundwa Chainpur P.S. Case No. 220

          of 2025, on the following conditions:
               Patna High Court CR. MISC. No.91681 of 2025(2) dt.15-01-2026
                                                           3/3




                                      (i) The petitioner will make himself available for

                         interrogation by a police officer/court as and when required.

                                      (ii)     The       petitioner       will   undertake   that

                         investigation/trial will not get hampered on account of his

                         absence or non-cooperation. He must be available to the police

                         or the court whenever his presence is required.

                                      (iii) The petitioner shall not, directly or indirectly

                         make any inducement, threat or promise to any person

                         acquainted with the facts of the case so as to dissuade him from

                         disclosing such facts to the court or to any police officer.

                                      (iv) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents other than

                         the disclosed one, learned court below shall cancel the bail

                         bonds of the petitioner after hearing him and getting satisfied

                         that the petitioner has concealed his criminal antecedents despite

                         his knowledge of the same.

                                      (v) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.


                                                                     (Jitendra Kumar, J)
shoaib/-

U          T


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