Patna High Court – Orders
Md. Rizwan Aalam @ Md. Rizwan Ansari vs The State Of Bihar on 21 August, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36823 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Moharram Ansari @ Md. Moharam Ansari S/O Late Julu Rahman R/O
Village- Nayanagar, P.S- Ishipur Barahat, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mining Officer, District Mining Office, Bhagalpur. Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 37633 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Md. Rizwan Aalam @ Md. Rizwan Ansari Son of Md. Yasin Ansari Resident
of village - Naya Nagar, Raigaon, Barmasia, P.S.- Ishupur Barahat, District -
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Parkash Jha Son of Shri Kaushal Jha R/o village - Mauhbehat, P.S.-
Manigachi, District - Darbhanga.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 37689 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Md. Dildar Hussain S/o Md. Abdul Halim R/o Village-Nayanagar, P.S-Ishipur
Barahat, District-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Mining Officer, District Mining Office, Bhagalpur Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 36823 of 2025)
For the Petitioner/s : Mr. Manoj Kumar Jha
For the Opposite Party/s : Ms. Sharda Kumari
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
2/8
(In CRIMINAL MISCELLANEOUS No. 37633 of 2025)
For the Petitioner/s : Mr. Bibhuti Narayan
For the Opposite Party/s : Mr. Rabindra Kumar
(In CRIMINAL MISCELLANEOUS No. 37689 of 2025)
For the Petitioner/s : Mr. Manoj Kumar Jha
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-08-2025
CRIMINAL MISCELLANEOUS No.36823 of 2025
1. Heard learned Senior counsel for the petitioner, Mr.
Y.C. Verma, learned APP for the State and the learned counsel
appearing on behalf of the Department of Mines.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 379 and
411 of the Indian Penal Code read with Sections 39, 39(3) and
56 of Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019.
3. The learned APP for the State, at the outset, submits
that the law is clear that where offences for which an FIR has
been instituted carries punishment of seven years and less, the
arrest is not automatic. It is next submitted that in the event if
the police intends to arrest an accused who is implicated in a
case relating to offences which carries punishment of seven
years or less in that event the police has to resort to certain
procedures as incorporated in the Cr.P.C. i.e. the police first has
to give a notice under Section 41A of the Cr.P.C. The learned
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
3/8
APP next submits that anticipatory bail may or may not be
maintainable after the accused receives notice under Section
41A of the Cr.P.C, as it will depend on the facts and
circumstances of the case, because the police even after issuance
of notice under Section 41A of the Cr.P.C. cannot arrest the
accused without seeking permission of the learned Magistrate. It
is also submitted that there is no pleading in the anticipatory bail
application which could even remotely suggest that notice under
Section 41A of the Cr.P.C has been issued to the petitioner.
4. The learned Senior counsel appearing on behalf of
the petitioner is not in a position to rebut the submission of the
learned APP for the State, but then submits that of late, the
police even without issuing notice under Section 41A of the
Cr.P.C are arresting mechanically, on which the learned APP
submits that in the event if the police without resorting to
procedure as envisaged under the law arrests the person in
breach of the same in that event the police officer will also be
held liable.
5. At this stage, the learned Senior counsel appearing
on behalf of the petitioner seeks permission to withdraw the
anticipatory bail application with liberty to file an application
before the concerned Superintendent of Police in terms of
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
4/8
Section 41A of the Cr.P.C.
6. Permission is accorded.
7. Accordingly, the present anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
CRIMINAL MISCELLANEOUS No. 37633 of 2025
1. Heard learned Senior counsel for the petitioner, Mr.
Y.C. Verma, learned APP for the State and the learned counsel
appearing on behalf of the Department of Mines.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 379 and
411 of the Indian Penal Code read with Sections 39, 39(3) and
56 of Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019.
3. The learned APP for the State, at the outset, submits
that the law is clear that where offences for which an FIR has
been instituted carries punishment of seven years and less, the
arrest is not automatic. It is next submitted that in the event if
the police intends to arrest an accused who is implicated in a
case relating to offences which carries punishment of seven
years or less in that event the police has to resort to certain
procedures as incorporated in the Cr.P.C. i.e. the police first has
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
5/8
to give a notice under Section 41A of the Cr.P.C. The learned
APP next submits that anticipatory bail may or may not be
maintainable after the accused receives notice under Section
41A of the Cr.P.C, as it will depend on the facts and
circumstances of the case, because the police even after issuance
of notice under Section 41A of the Cr.P.C. cannot arrest the
accused without seeking permission of the learned Magistrate. It
is also submitted that there is no pleading in the anticipatory bail
application which could even remotely suggest that notice under
Section 41A of the Cr.P.C has been issued to the petitioner.
4. The learned Senior counsel appearing on behalf of
the petitioner is not in a position to rebut the submission of the
learned APP for the State, but then submits that of late, the
police even without issuing notice under Section 41A of the
Cr.P.C are arresting mechanically, on which the learned APP
submits that in the event if the police without resorting to
procedure as envisaged under the law arrests the person in
breach of the same in that event the police officer will also be
held liable.
5. At this stage, the learned Senior counsel appearing
on behalf of the petitioner seeks permission to withdraw the
anticipatory bail application with liberty to file an application
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
6/8
before the concerned Superintendent of Police in terms of
Section 41A of the Cr.P.C.
6. Permission is accorded.
7. Accordingly, the present anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
CRIMINAL MISCELLANEOUS No. 37689 of 2025
1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the Department of Mines.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 379 and
411 of the Indian Penal Code read with Sections 39, 39(3) and
56 of Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019.
3. The learned APP for the State, at the outset, submits
that the law is clear that where offences for which an FIR has
been instituted carries punishment of seven years and less, the
arrest is not automatic. It is next submitted that in the event if
the police intends to arrest an accused who is implicated in a
case relating to offences which carries punishment of seven
years or less in that event the police has to resort to certain
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
7/8
procedures as incorporated in the Cr.P.C. i.e. the police first has
to give a notice under Section 41A of the Cr.P.C. The learned
APP next submits that anticipatory bail may or may not be
maintainable after the accused receives notice under Section
41A of the Cr.P.C, as it will depend on the facts and
circumstances of the case, because the police even after issuance
of notice under Section 41A of the Cr.P.C. cannot arrest the
accused without seeking permission of the learned Magistrate. It
is also submitted that there is no pleading in the anticipatory bail
application which could even remotely suggest that notice under
Section 41A of the Cr.P.C has been issued to the petitioner.
4. The learned counsel appearing on behalf of the
petitioner is not in a position to rebut the submission of the
learned APP for the State, but then submits that of late, the
police even without issuing notice under Section 41A of the
Cr.P.C are arresting mechanically, on which the learned APP
submits that in the event if the police without resorting to
procedure as envisaged under the law arrests the person in
breach of the same in that event the police officer will also be
held liable.
5. At this stage, the learned counsel appearing on
behalf of the petitioner seeks permission to withdraw the
Patna High Court CR. MISC. No.36823 of 2025(3) dt.21-08-2025
8/8
anticipatory bail application with liberty to file an application
before the concerned Superintendent of Police in terms of
Section 41A of the Cr.P.C.
6. Permission is accorded.
7. Accordingly, the present anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T