Patna High Court
Bhagwan Singh @ Shri Bhagwan Singh @ Shri Bhagwan Singh KushwahaversusThe State of Bihar through Shri Tripurari Sharan, The Chief Secretary, Government of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The contempt application was dismissed; the court found no basis to proceed with contempt proceedings.
Summary
Petitioner Bhagwan Singh filed a contempt application alleging that police officers (Nos. 5‑8) arrested him on 6 October 2021 at night without issuing a notice under Section 41 or 41A of the Criminal Procedure Code, thereby contravening the Supreme Court’s directions in Arnesh Kumar v. State of Bihar (2014). The petitioner sought initiation of contempt proceedings and punishment under the Contempt of Courts Act. The respondents submitted a show‑cause statement claiming they attempted to serve a Section 41(1) notice, which the petitioner refused, and that the arrest followed thereafter. The High Court examined the statement and concluded that no further order was required. Consequently, the contempt application was disposed of without any finding of contempt.
Issues considered
- Did the police officers commit contempt of court by arresting the petitioner without complying with Section 41/41A of the CrPC and the Supreme Court’s direction in Arnesh Kumar v. State of Bihar?
Legislation cited
Subjects
- contempt of court
- arrest without notice
- Section 41 CrPC
- Section 41A CrPC
- Supreme Court directions
- police procedure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2035 of 2021
======================================================
Bhagwan Singh @ Shri Bhagwan Singh @ Shri Bhagwan Singh Kushwaha
son of Late Dashrath Singh present resident of Anwarpur West, Sahu
Sangathan Road, Ward No. 21, Police Station- Hajipur Town, District-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Tripurari Sharan, The Chief Secretary,
Government of Bihar, Patna
2. Sri S.K. Singhal, Director General of Police, Bihar, Patna.
3. Shri Manish Kumar, Superintendent of Police, Vaishali.
4. Shri Raghav Dayal, Sub- Divisional Police Officer, Hajipur Sadar, Vaishali
5. Shri Chitranjan Thakur, Inspector of Police cum- Supervising Authority,
Hajipur Town Police Station, Hajipur, Vaishali presently posted at Police
Headquarters, Aurangabad
6. Shri Subodh Kumar Singh, Inspector of Police-cum- Station House Officer,
Town Police Station, Hajipur, Vaishali
7. Shri Arvind Kumar, Assistant Sub- Inspector of Police-cum- Investigating
Officer, Hajipur Town Police Station, Hajipur, Vaishali
8. Shri Pankaj Kumar, Trainee Assistant Sub- Inspector of Police, Hajipur
Town Police Station, Hajipur, Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parijat Saurav, Adv.
For the Opposite Party/s : Mr. Saroj Kr. Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 03-04-2026 Heard learned counsel for the parties.
2. Following is the relief sought in the present
contempt application :
"For initiation of a proceeding of contempt
against the contemnors / opposite parties, and
also for punishment provided under the
Patna High Court MJC No.2035 of 2021(4) dt.03-04-2026
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provisions of Contempt of Courts Act as the
opposite parties, especially the opposite party
no. 5 to 8 have intentionally, willfully and
deliberately caused disobedience of the
directions contained in Judgment dated
02.07.2014 passed in Cr Appeal No. 1277 of
2014 of the Hon'ble Supreme Court in the case
of Arnesh Kumar vs. State of Bihar and Anr,
reported in (2014) 8 SCC 273. The opposite
party no. 5 being the supervisory authority has
directed for arrest of the petitioner without
issuance of notice under Section 41A Cr.P.C. and
without there being any compliance of Section
41 Cr.P.C., and the opposite party no. 6 to 8 have
arrested petitioner from his house in the night of
06.10.2021 at 1:30 am without following the
mandate of Section 41 and 41A of Cr.P.C. and
the law laid down by the Hon'ble Supreme Court
in the case of Arnesh Kumar vs. State of Bihar
and Anr, reported in (2014) 8 SCC 273."
3. A show cause has been filed on behalf of opposite
party No. 3 in which following statements have been made in
paragraph 20 :
"20. That the investigating officer of
the case in compliance to the direction issued
by his superior officer i.e. the Inspector Police,
has after ascertaining the name address etc. of
the petitioner tried to service notice under
Section 41 (1) Cr.P.C. against the petitioner but
he refused to receive the same and further
informed that he will obtain bail from the court
but not surrender before court thereafter he has
been arrested on 06.10.2021. A show cause
notice was issued to the investigating officer by
this respondent which is received."
Patna High Court MJC No.2035 of 2021(4) dt.03-04-2026
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4. Considering the aforesaid statements made in
paragraph 20 of the show cause, no further order is required to
be passed in the present application.
5. Accordingly, the present application stands
disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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