In a bail case filed on December, 2023 and registered on January 9, 2024 by Md. Ziyaul Haq from Banka district, on February 8, 2024, Justice Anjani Kumar Sharan of Patna High Court had passed an order saying, "The present I.O. in connection with Dhoraiya P.S Case No. 27 of 2023, is directed to appear personally in the Court on 26.02.2024. It directed that "No coercive step shall be taken against the petitioner till further order in connection with Dhoraiya P.S. Case No. 27 of 2023, pending before the Court of learned C.J.M., Banka."
On February 26, 2024, the matter came up for hearing before Justice Satyavrat Verma of the High Court. The Investigating Officer of the case Sonakshi Kumari was present in the Court in compliance of the order. The petitioner apprehended his arrest in a case instituted under Section 379, 411 and 120(b) of the Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 read/with Section 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules (BMCPIMTS) Rules, 2019 along with Section 15 of the F.E. Act.
Manoj Jha, the counsel for the petitioner submitted that the offences for which the instant F.I.R. has been instituted, carries punishment of less than seven years but still the police is bent upon arresting the petitioner. On query of the Court from the Investigating Officer of the case that as to whether the petitioner can be arrested for the offence which carries punishment of seven years or less, on which the Investigating Officer submits that she has orders of her superior to arrest the petitioner and in the event if the petitioner is absconding, then to take steps for getting process issued under Section 82 and 83 of the Criminal Procedure Code (Cr.P.C.).
The order of Justice Verma records that "The learned APP after going through the Case Diary of the case fairly submits that it appears that the benefit of Section 41a of the Cr.P.C. has not been given to the petitioner, the said submission of the learned APP is accepted by the Investigating Officer of the Case. Learned APP placing reliance at Para – 32 of the Case Diary submits that Superintendent of Police, Banka, has given the aforesaid direction to get process under Section 82 and 83 of the Cr.P.C. issued in the event if the petitioner is absconding. On query of the Court from the learned APP that as to whether such direction can be issued by the Superintendent of Police to the Investigating Officer for getting process under Section 82 and 83 of the Cr.P.C. issued without giving the benefit of Section 41a of the Cr.P.C. to the petitioner in terms of the case of Arnesh Kumar vs. State of Bihar & Anr. reported in (2014) 8 SCC 273 on which the learned APP very fairly submits that what has been recorded at Para – 32 of the Case Diary is in complete breach of the judgment of Hon’ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & Anr. reported in (2014) 8 SCC 273 and order dated13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari vs. State of Bihar)."
The Court directed "Put up this case on 28.02.2024 at 10:30 am, when the Superintendent of Police, Banka, shall remain physically present before this Court. In the meantime, the interim protection granted to the petitioner shall continue."
After the hearing, when the I.O. was asked about the non-compliance, the I.O. said, that C.J.M., Banka should have informed about the requirements under Supreme Court's verdict in the case of Arnesh Kumar vs. State of Bihar and Patna High Court's verdict Naushad Ansari vs. State of Bihar.
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