Bharat Sonkar @ Bharatari Sonkar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bharat Sonkar @ Bharatari Sonkar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest/surrender before the court below within six weeks, to be released on anticipatory bail in Sasaram (Town) P.S. Case No. 899/2025 on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in Sasaram (Town) P.S. Case No. 899/2025 for offences under Sections 191(2), 191(3), 126(2), 305, 309, 118(1), 308(2) and 109 read with section 3(5) of the BNS, deserves anticipatory bail notwithstanding rejection of his prayer by the trial court on account of his criminal antecedents.

Court's answer

Taking note of the injuries sustained by the complainant and her husband, the genesis of the occurrence as emerging from the statements of the independent witnesses, and the inordinate delay in issuance of the injury reports of the injured persons, the court held that the petitioner deserves the relief of anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest/surrender before the court below within six weeks, he is to be released on anticipatory bail in Sasaram (Town) P.S. Case No. 899/2025 on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, 15-07-2026, Shailendra Singh, J) in Criminal Miscellaneous No.34762 of 2026 arising out of Sasaram (Town) P.S. Case No. 899/2025, District Rohtas, registered under Sections 191(2), 191(3), 126(2), 305, 309, 118(1), 308(2) and 109 read with section 3(5) of the BNS. The trial court had earlier rejected the petitioner's prayer on account of his criminal antecedents of two cases in which he is on bail. Granting bail, the court took note of: (i) the simple injuries (swelling) sustained by the complainant and the two simple injuries sustained by her husband; (ii) the genesis of the occurrence as emerging from the statements of two independent witnesses, who supported only the allegations of assault and abuse; and (iii) the inordinate delay in issuance of the injury reports (complainant medically examined 05.02.2025 but report issued 19.12.2025; husband's report issued about two months after examination). Petitioner to be released on arrest/surrender before the court below within six weeks on a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34762 of 2026

Arising Out of PS. Case No.-899 Year-2025 Thana- SASARAM NAGAR District- Rohtas

======================================================

Bharat Sonkar @ Bharatari Sonkar Son of Late Doma Khatik @ Late Doma Sonkar Resident of Village- Alamganj, P.S.- Sasaram (Town), DistrictRohtas.

... ... Petitioner/s

Versus

The State of Bihar

Gudiya Devi Wife of Sri Sabbir Kumar Resident of Mohalla- Dalalganj, P.S.- Sasaram (Town), District- Rohtas.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Adv. For the Opposite Party/s : Mrs.Indu Kumari Srivastava, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 15-07-2026 Heard the parties.

The petitioner apprehends his arrest in connection with Sasaram (Town) P.S. Case No. 899/ 2025 registered for the offence(s) punishable under Section(s) 191(2), 191(3), 126(2), 305, 309, 118(1), 308(2) and 109 read with section 3(5) of the BNS.

Learned counsel for the petitioner submits that the FIR is based on the complaint filed by the O.P. No.2 but the complaint was lodged on 20.02.2025 whereas the alleged occurrence is said to have taken place on 04.02.2025 and during the course of investigation, two independent witnesses were examined who simply supported the allegations of assault and

Patna High Court CR. MISC. No.34762 of 2026(3) dt.15-07-2026 2/3

abuse and did not say anything with regard to the other allegations. It is further submitted that the complainant sustained only simple injuries in the nature of swelling and her injury report issued by the doctor concerned appears to be suspicious as it was issued on 19.12.2025 despite the complainant having been medically examined on 05.02.2025 as appears from her injury report. The complainant’s husband also sustained two injuries which were also opined to be simple in nature and his injury report was also issued after about two months from the date of his examination and the petitioner’s prayer has been rejected by the trial court on account of his criminal antecedents of two cases in which he is on bail.

Learned APP appearing for the State has opposed the prayer of the petitioner.

Considering the aforesaid submissions advanced by the petitioner’s counsel and taking note of the injuries sustained by the complainant and her husband, the genesis of the occurrence as emerging from the statements of the independent witnesses and inordinate delay in issuance of the injury report of the injured persons, in my opinion, the petitioner deserves to the relief of anticipatory bail. Accordingly, let the petitioner namedabove, in the event of his arrest/surrender before the learned

Patna High Court CR. MISC. No.34762 of 2026(3) dt.15-07-2026 3/3

court below within a period of six weeks from today, be released on anticipatory bail in connection with Sasaram (Town) P.S. Case No. 899/ 2025 on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J)

BKS/-

U T