Patna High Court
Sekh Dawood @ Sheikh Daud @ SK DaudversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 22, 25
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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