Aarti Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Aarti Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: in the event of arrest or surrender before the Court below within six weeks, release on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati (Gayaji), in connection with Amas P.S. Case No. 262 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Amas P.S. Case No. 262 of 2025 (instituted under Sections 126(2), 127(2), 115(2), 109, 351(2), 351(3), 352, 121(1), 121(2), 132, 191(2), 191(3) of the B.N.S.), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: considering the facts and circumstances of the case and the submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks, the petitioners are to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati (Gayaji).

Ratio / Principle

The grant of anticipatory bail is made subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023, in connection with Amas P.S. Case No. 262 of 2025.

Detailed headnote1 paragraphs

Oral order of the Patna High Court (Sunil Dutta Mishra, J., 07-01-2026) in CRL. MISC. No. 80233 of 2025 granting conditional anticipatory bail to three sisters — Aarti Kumari, Divya Kumari and Seema Kumari, daughters of co-accused Pramod Chaudhary @ Mahmud Chaudhary — who apprehended arrest in Amas P.S. Case No. 262 of 2025 (District Gaya), instituted under Sections 126(2), 127(2), 115(2), 109, 351(2), 351(3), 352, 121(1), 121(2), 132, 191(2), 191(3) of the B.N.S. Per the prosecution case, the case arose out of an assault by the co-accused's family and villagers on a police team effecting his night-time arrest, in which Constables Pinky Kumari and Priyanka Kumari were injured; counsel submitted the injury reports showed a single simple abrasion each, that the petitioners are unmarried girls without criminal antecedents, and that they undertake to co-operate with the investigation and trial, while the A.P.P. opposed the prayer. The Court directed that, in the event of arrest or surrender within six weeks, the petitioners be released on bail bonds of Rs. 10,000/- each with two like sureties to the satisfaction of J.M. 1st Class, Sherghati (Gayaji), subject to the conditions of Section 482(2) B.N.S.S. 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80233 of 2025

Arising Out of PS. Case No.-262 Year-2025 Thana- AMAS District- Gaya

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

Aarti Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o VillageManjhauliya, PS- Aamas, District- Gaya

Divya Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o VillageManjhauliya, PS- Aamas, District- Gaya

Seema Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o VillageManjhauliya, PS- Aamas, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 07-01-2026

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Amas P.S. Case No. 262 of 2025, instituted under Sections 126(2), 127(2), 115(2), 109, 351(2), 351(3), 352, 121(1), 121(2), 132, 191(2), 191(3) of the B.N.S.

As per the prosecution case, informant/S.H.O., Amas P.S. as per the order of learned Court below to arrest coaccused Mahmud Chaudhary @ Pramod Chaudhary reached his house at 00:10 A.M. but no one opened the door. Co-accused was seen fleeing away from one roof to another roof but he was

Patna High Court CR. MISC. No.80233 of 2025(2) dt.07-01-2026 2/3

arrested with the help of police team. He resisted his arrest and called his family and other villagers. All of them assaulted the police team and tried to snatch police weapons due to which constables Pinky Kumari and Priyanka Kumari got injured.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case being daughters of accused Pramod Chaudhary @ Mahmud Chaudhary. He further submits that injury report of Pinky Kumari and Priyanka Kumari suggest only one abrasion injury each on left wrist joint and right forearm which is simple in nature. Petitioners are unmarried girls. Petitioners have no criminal antecedents. They undertake to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Sherghati (Gayaji) in connection with

Patna High Court CR. MISC. No.80233 of 2025(2) dt.07-01-2026 3/3

Amas P.S. Case No. 262 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J)

rakhi/-

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