Patna High Court

Aarti KumariversusThe State of Bihar

Decided: 7 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.

Summary

The three sisters, Aarti, Divya and Seema Kumari, petitioned for anticipatory bail fearing arrest in a case (Amas P.S. Case No. 262 of 2025) that alleged their father/relative Mahmud Chaudhary fled police and assaulted officers, resulting in minor injuries to constables Pinky Kumari and Priyanka Kumari. The prosecution sought to deny bail, citing multiple offences under the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The petitioners argued they are innocent, have no criminal record, are unmarried, and are willing to cooperate with the investigation. The court, after hearing both sides, granted anticipatory bail on the condition that the petitioners surrender or are arrested within six weeks, provide a bail bond of Rs.10,000 each with two sureties, and comply with Section 482(2) of the B.N.S.S., 2023. The order releases them on bail if the conditions are met.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Whether the allegations of assault on police and the nature of the offences justify denial of bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
B.N.S.S.
Section 482
criminal procedure
police assault
false implication
bail bond

Judgment

                      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
                 ======================================================
           1.     Aarti Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o Village-
                  Manjhauliya, PS- Aamas, District- Gaya
           2.    Divya Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o Village-
                 Manjhauliya, PS- Aamas, District- Gaya
           3.    Seema Kumari D/o Pramod Chaudhary @ Mahmud Chaudhary R/o Village-
                 Manjhauliya, 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.

                                2. 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.

                                3. As per the prosecution case, informant/S.H.O.,

                   Amas P.S. as per the order of learned Court below to arrest co-

                   accused 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.

                       4. 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.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. 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. 1st 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/-

U         T

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