Umesh Verma @ Umesh Prasad Vema vs The State Of Bihar on 28 August, 2025

Patna High Court – Orders

Umesh Verma @ Umesh Prasad Vema vs The State Of Bihar on 28 August, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51117 of 2025
                    Arising Out of PS. Case No.-540 Year-2023 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Umesh Verma @ Umesh Prasad Vema S/o Late Rameshwar Verma Resident
                 of Ramnagar, P.S.- Khudwan, District- Aurangabad
                                                                  ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Lalan Kumar S/o Late Gopal Mehta R/o vill - Shahpur, P.S. - Nagar, Distt.-
                  Aurangabad, At present Kanhai Bigha, Lord Budha Public School Road,
                  Soia More, P.S. - Nagar, Distt.- Aurangabad
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Anil Kumar Sinha, Advocate
                 For the Opposite Party/s :     Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-08-2025

Heard learned counsel for the petitioner, Mr. Rabindra

Kumar, learned A.P.P. for the State and learned counsel

appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 147, 148,

149, 406, 420 and 504 of the Indian Penal Code as well as

Sections 3 and 4 of the Dowry Prohibition Act.

3. The defects, as pointed out by the office, are hereby

ignored.

4. Learned APP for the State, at the outset, submits

that the law is clear that where offence for which an FIR has

been instituted carries punishment of seven years and less, the

arrest is not automatic. It is further submitted that if the police
Patna High Court CR. MISC. No.51117 of 2025(2) dt.28-08-2025
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intend to arrest an accused, who is implicated in a case relating

to offences which carry punishment of seven years or less, in

that event, the police have to resort to certain procedures as

incorporated in the Cr.P.C., i.e., the police first have to give

notice under Section 41A of the Cr.P.C. It is next submitted 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. Learned A.P.P. also submits that if the

police, after issuing notice under Section 41A of the Cr.P.C.,

seek permission of the learned Magistrate to arrest the accused

and the learned Magistrate refuses permission to the police to

arrest the accused in that event also anticipatory bail application

will not be maintainable but if the learned Magistrate permits

the police to arrest the accused in that event apprehension of

arrest will arise.

5. Learned A.P.P. for the State further submits that if

the police without resorting to procedure as envisaged under the

law arrest the person in breach of the same in that event the

police officer shall be held liable in terms of the memo no.
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62973 dated 19.09.2023 issued by the Hon’ble Patna High

Court as recorded in Cr. Misc. No. 3536 of 2024 (Naushad

Ansari Vs. The State of Bihar). It is next submitted that from

perusal of the pleadings made in the anticipatory bail

application, it would manifest that the same does not even

remotely suggest that notice under Section 41A of the Cr.P.C.

has been issued to the petitioner.

6. Learned counsel appearing on behalf of the

petitioner, at this stage, submits that notices under Section 41A

of the Cr.P.C. have been issued to other co-accused persons,

who are implicated in the instant FIR, but, then for reasons best

known to the police the petitioner has not been given notice

under Section 41A of the Cr.P.C. on which learned A.P.P.

submits that even if petitioner has antecedent of two cases in

that event also the police first will have to give notice under

Section 41A of the Cr.P.C. and thereafter if the police intend to

arrest then will have to seek permission of the learned

Magistrate and if permission is given by the learned Magistrate

to arrest the petitioner in such an event the petitioner can file an

application seeking anticipatory bail.

7. Learned counsel appearing on behalf of the

informant is not in a position to rebut the submissions of the
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learned A.P.P. for the State.

8. After hearing the learned counsel for the parties, the

anticipatory bail application is disposed of in connection with

Aurangabad (Town) P.S. Case No. 540 of 2023 pending in the

Court of learned Chief Judicial Magistrate,

Aurangabad/Successor Court with a direction to the petitioner to

file a representation before the concerned Superintendent of

Police in terms of Section 41A of the Cr.P.C. within a period of

two weeks from today.

(Satyavrat Verma, J)

Kundan/-

U     T