Patna High Court

Sakebul @ SafebulversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court held that anticipatory bail should be granted to the petitioner, subject to a bond and conditions, as the FIR does not contain specific incriminating allegations against him.

Summary

The petitioner, Sakebul, sought anticipatory bail in a case where he was named among four accused for alleged abetment of his informant's husband's suicide, alleged under Section 108/3(5) of the BNS. The petitioner argued that the FIR contained only a generic allegation against him, with no specific incriminating facts, and highlighted a family history of suicides that could explain the death. The State opposed bail, citing the inquest report that the death resulted from poison consumption. The Court, after hearing both sides, granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, to be satisfied within four weeks of arrest or surrender. The decision reflects the Court's assessment that the petitioner's right to liberty outweighs the prosecution's evidence at this stage.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under Section 2(1)(d) and Section 482(2) of the BNSS, 2023?
Whether the FIR contains specific allegations against the petitioner sufficient to deny bail?

Legislation cited

Bihar Narcotic Substances Act (BNSS) — s. 108/3(5), 2(1)(d), 482(2)

Subjects

anticipatory bail
suicide
abetment
Section 108/3(5)
Section 482
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11228 of 2026
                 Arising Out of PS. Case No.-145 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Sakebul @ Safebul S/o Ataur Rahman Resident of Village- Pipla, P.S.-
                 Kochadhaman, Distrtict- Kishanganj
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mritunjay Kumar, Adv.
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                         Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Kochadhaman P.S. Case No.145 of 2025 lodged on

                   03.04.2025, for the offences punishable under Section 108/3(5)

                   of the BNS.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner

                   with allegation that the abetment has been made by the accused

                   persons which resulted into suicide of husband of the informant.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that from the contents of FIR, it becomes crystal

                   clear that the allegation has been made against four accused

                   persons, there is general and omnibus allegation against the

                   petitioner. There is nothing specific against the petitioner. He

                   specifically pleaded that in the family of the husband of the
           Patna High Court CR. MISC. No.11228 of 2026(2) dt.12-03-2026
                                                       2/2




                     informant, there is tendency of committing suicide as one of the

                     brother and sister had also committed suicide earlier.

                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is clean and ready to fulfill all the conditions

                     whatsoever shall be imposed upon him.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that from the inquest report,

                     death has been caused by consuming poison.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of J.M.F.C., Kishanganj in connection with

                     Kochadhaman P.S. Case No.145 of 2025, subject to the

                     conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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