Patna High Court
Aarti Kumari @ Arti KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to the petitioners, holding that the alleged assault on police officers is a serious offence warranting denial of bail.
Summary
The petitioners, Aarti Kumari, Visheswar Rai and Ram Singh Rai, sought anticipatory bail fearing arrest in a case alleging they assaulted police officers during an attempt to apprehend accused persons in Raghopur. The prosecution alleged that the petitioners, along with others, brutally attacked the police, causing injuries and facilitating the escape of three accused. The petitioners contended they were innocent, had no criminal antecedent (except two with one prior case on bail), and cited a similar anticipatory bail order granted to another co-accused, Radha Kumari. The State opposed the bail, emphasizing the seriousness of assaulting law‑enforcement officers under multiple IPC provisions. The court, noting the gravity of the alleged assault and the potential hindrance to police duties, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to persons accused of assaulting police officers under IPC sections 191, 190, 126, 115, 262, 263, 121, 132, 109, 158 and 351.
- Whether the seriousness of the alleged offence precludes the grant of anticipatory bail.
- Whether prior criminal antecedents of the petitioners affect the decision on anticipatory bail.
Legislation cited
- Indian Penal Code — s. 109, 115, 121, 126, 132, 158, 190, 191, 262, 263, 351
Subjects
- anticipatory bail
- assault on police
- Indian Penal Code
- criminal procedure
- high court
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78019 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
1 . Aarti Kumari @ Arti Kumari W/o Santosh Kumar, D/o Ram Singh
Rai@Ram Singh Resident Of Village- Shyamchand, Ps- Raghopur, Dist-
Vaishali, at present R/o vill- Bahrampur, P.S.- Raghopur, Distt.- Vaishali at
Hajipur.
2. Visheswar Rai @ Visheswar Kumar S/o Ram Singh Rai @ Ram Singh
Resident Of Village- Rampur Shyamchand, Ps- Raghopur, Dist- Vaishali.
3. Ram Singh Rai S/o Alak Dev Rai @ Akldev Rai Resident Of Village-
Rampur Shyamchand, Ps- Raghopur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachin Kumar , Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State .
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 262, 263, 121(1), 121(2), 132, 109,
158 and 351(2) of the B.N.S..
3 . As per prosecution case, it is alleged that when
the police team reached at the spot to apprehend accused
persons in connection with Raghopur P.S. Case No. 142 of
2024, all the F.I.R. named accused persons, including these
petitioners, brutally assaulted police party and also got released
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three accused persons from police custody.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely on suspicion. Similarly situated
co-accused person, namely Radha Kumari, has already been
granted the privilege of anticipatory bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 25.07.2025 passed
in Cr. Misc. No. 44249 of 2025. Petitioner No. 1 has got no
criminal antecedent and Petitioner Nos. 2 and 3 have got one
criminal antecedent in which they are already on bail.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. with specific accusation that they, along with other
accused persons, assaulted police party as a result of which
several police personnel sustained injuries and also got released
three apprehended accused persons and thus, created hindrance
in discharge of their official duties. It is further submitted that
Petitioner No. 2 is also accused in Raghopur P.S. Case No. 142
of 2024.
6. Considering the fact that as per F.I.R., these
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petitioners assaulted the police party (enforcement agency) and
have taken law in their hand, which is very serious in nature,
the prayer for grant of anticipatory bail to the petitioners is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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