Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59382 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== 1.
Shanti Devi W/o Nitish Ray @ Niti Rai R/o Village- Ward No 6, Rampur Shyamchand, PS- Raghopur, Distt- Vaishali 2.
Rahul Kumar S/o Nitish Ray @ Niti Rai R/o Village- Ward No 6, Rampur Shyamchand, PS- Raghopur, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Ms. Khushi Awadh, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 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 three accused persons from police custody.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.59382 of 2025(2) dt.02-09-2025 2/3 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 No. 2 has got one criminal antecedent in which he is 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 petitioners assaulted the police party (enforcement agency) and have taken law in their hand, which is very serious in nature,
Patna High Court CR. MISC. No.59382 of 2025(2) dt.02-09-2025 3/3 the prayer for grant of anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J) shashank/- U T