Patna High Court
Ajit Kumar SinghversusThe State of Bihar through The Block Supply Officer, Raghopur.
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is not maintainable and is dismissed.
Summary
The petitioner, Ajit Kumar Singh, feared arrest under Section 7 of the Essential Commodities Act in connection with a police case (Raghopur P.S. Case No. 164 of 2025) and filed a criminal writ petition seeking quashing of the FIR. The Patna High Court, on 28 July 2025, ordered that no coercive steps be taken against him while the matter was pending. Despite this interim protection, the petitioner alleged continued harassment by the police and filed an anticipatory bail application in the District Court, which was rejected, and subsequently filed a similar application before the High Court. The Court observed that the petitioner should have invoked contempt proceedings against the officials responsible for the harassment rather than filing a fresh anticipatory bail petition. Consequently, the Court held the anticipatory bail application to be non‑maintainable and dismissed it, directing the petitioner to approach the Court for contempt if needed.
Issues considered
- Whether an anticipatory bail application is maintainable after the High Court has issued an interim order prohibiting coercive steps against the petitioner.
- Whether the petitioner should instead pursue contempt proceedings against officials alleged to be harassing him.
Legislation cited
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- contempt of court
- Essential Commodities Act
- coercive steps
- interim order
- harassment
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91025 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Ajit Kumar Singh Son of late Ram Suresh Singh Resident of village-Fatehpur,
P.O. and P.S. Raghopur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar through The Block Supply Officer, Raghopur. bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Raghopur P.S. Case No. 164 of 2025 instituted under Sections 7
of the Essential Commodities Act.
3. Cr.WJC No. 1740 of 2025 titled as Ajit Kumar
Singh vs State of Bihar & Ors. was filed by the petitioner for
quashing of the FIR. The following order was passed on
28.07.2025, which reads as under:
“Heard learned counsels for the
parties.
2. The State will file counter affidavit
in the present case.
3. List this case on 15.12.2025.
4. During the pendency of the case, no
coercive steps shall be taken against the
petitioner in connection with Raghopur P.S. Case
No.164 of 2025.”
Patna High Court CR. MISC. No.91025 of 2025(2) dt.28-01-2026
2/2
4. From perusal of the order dated 28.07.2025, it
appears that it was directed that no coercive steps shall be taken
against the petitioner in connection with Raghopur P.S. Case
No. 164 of 2025. Thereafter, the petitioner was being harassed
by the Raghopur Police, therefore, he has preferred anticipatory
bail application before the District Court which has been
rejected and now he is before this Court.
5. It is surprising that the petitioner even after getting
an interim order from this Court has chosen to file an
anticipatory bail petition in the District Court as well as in this
Court. The petitioner should have filed a contempt proceeding
in this Court against the guilty official(s) who were harassing
the petitioner.
6. In these circumstances, this application is not
maintainable and is accordingly dismissed.
7. If the petitioner has any grievance, he may file an
application for initiating contempt proceeding against the guilty
official(s).
(Sandeep Kumar, J)
P. Kumar
U T
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