Disposed¶32

Bhagwan Singh @ Shri Bhagwan Singh @ Shri Bhagwan Singh Kushwaha v. The State of Bihar through Shri Tripurari Sharan, The Chief Secretary, Government of Bihar

Patna HC3 Apr 2026MJC/2035/2021

Case brief

AI extract

What is this about?

Contempt of Courts Act; Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 directions; Cr Appeal No. 1277 of 2014; arrest without Section 41A Cr.P.C. notice; non-compliance of Section 41 Cr.P.C.; refusal to receive Section 41(1) Cr.P.C. notice; night arrest 06.10.2021 at 1:30 am; Hajipur Town Police Station; supervisory authority Inspector; show cause paragraph 20; MJC No. 2035 of 2021 Patna High Court; no further order required; application disposed of; pending applications disposed.

What did the court decide?

Considering the statements made in paragraph 20 of the show cause filed on behalf of opposite party No. 3, no further order is required to be passed in the present contempt application. ¶30

Bhagwan Singh @ Shri Bhagwan Singh @ Shri Bhagwan Singh… — Contempt of Court | Patna HC (2026)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether contempt proceedings should be initiated and punishment imposed under the Contempt of Courts Act against the opposite parties, especially nos. 5 to 8, for intentionally, willfully and deliberately causing disobedience of the directions in Arnesh Kumar vs. State of Bihar ((2014) 8 SCC 273) by directing/arresting the petitioner without notice under Section 41A Cr.P.C. and without compliance of Sections 41 and 41A Cr.P.C. in the night of 06.10.2021.

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Court's answer

Considering the statements made in paragraph 20 of the show cause filed on behalf of opposite party No. 3, no further order is required to be passed in the present contempt application.

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Ratio / Principle

Accordingly, the present application stands disposed of.

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Key takeaways

Pending application(s), if any, shall also stand disposed of.ratio¶33

Detailed headnote1 paragraphs

Patna High Court, Miscellaneous Jurisdiction Case No. 2035 of 2021 (oral order dated 03-04-2026, per Sudhir Singh, J; Shailendra Singh, J on the bench): Contempt application by Bhagwan Singh @ Shri Bhagwan Singh @ Shri Bhagwan Singh Kushwaha seeking initiation of contempt proceedings and punishment under the Contempt of Courts Act against police officials (opposite party nos. 5 to 8) for intentionally, willfully and deliberately causing disobedience of the directions contained in the judgment dated 02.07.2014 of the Supreme Court in Arnesh Kumar vs. State of Bihar and Anr, (2014) 8 SCC 273 (Cr Appeal No. 1277 of 2014) — opposite party no. 5, as supervisory authority, having directed the petitioner's arrest without issuance of notice under Section 41A Cr.P.C. and without compliance of Section 41 Cr.P.C., and opposite party nos. 6 to 8 having arrested him from his house in the night of 06.10.2021 at 1:30 am without following the mandate of Sections 41 and 41A Cr.P.C. In the show cause filed on behalf of opposite party no. 3 (paragraph 20), it was stated that the investigating officer, in compliance with the direction of his superior officer (the Inspector of Police), tried to serve notice under Section 41(1) Cr.P.C., that the petitioner refused to receive it and informed that he would obtain bail from court but not surrender, whereafter he was arrested on 06.10.2021, and that a show cause notice was issued to the investigating officer. Considering those statements, the Court held that no further order was required to be passed, disposed of the application, and directed that pending applications, if any, also stand disposed of. No contempt proceeding was initiated and no punishment was imposed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2035 of 2021

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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, DistrictVaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar through Shri Tripurari Sharan, The Chief Secretary, Government of Bihar, Patna

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Sri S.K. Singhal, Director General of Police, Bihar, Patna.

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Shri Manish Kumar, Superintendent of Police, Vaishali.

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Shri Raghav Dayal, Sub- Divisional Police Officer, Hajipur Sadar, Vaishali

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Shri Chitranjan Thakur, Inspector of Police cum- Supervising Authority, Hajipur Town Police Station, Hajipur, Vaishali presently posted at Police Headquarters, Aurangabad

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Shri Subodh Kumar Singh, Inspector of Police-cum- Station House Officer, Town Police Station, Hajipur, Vaishali

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Shri Arvind Kumar, Assistant Sub- Inspector of Police-cum- Investigating Officer, Hajipur Town Police Station, Hajipur, Vaishali

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Shri Pankaj Kumar, Trainee Assistant Sub- Inspector of Police, Hajipur Town Police Station, Hajipur, Vaishali

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... ... Opposite Party/s

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====================================================== 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

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HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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4 03-04-2026 Heard learned counsel for the parties.

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Following is the relief sought in the present

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contempt application :

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"For initiation of a proceeding of contempt against the contemnors / opposite parties, and also for punishment provided under the

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Patna High Court MJC No.2035 of 2021(4) dt.03-04-2026 2/3

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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."

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A show cause has been filed on behalf of opposite

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party No. 3 in which following statements have been made in paragraph 20 :

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"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."

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Patna High Court MJC No.2035 of 2021(4) dt.03-04-2026 3/3

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