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SATYAVRAT VERMA
Naushad Ansari – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
ORDER
Heard learned counsel for the petitioner, Mr. Shakil Ahmad Khan, and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in connection with Palanawa P.S. Case No. 175 of 2022 registered for the offences punishable under Sections 341, 323, 324, 325, 448, 379, 504, 506, and 354B of the Indian Penal Code.
3. The learned APP, Mr. Chandra Bhushan Prasad, at the outset, submits that the offences for which Palanawa P.S Case No. 175 of 2022 has been instituted against the petitioner carries punishment of less than 7 years. It is further submitted that Hon'ble Supreme Court in the case of Arnesh Kumar vs. the State of Bihar and another reported in (2014) 8 SCC 273
[: 2014 (3) BLJ 108 (SC)] has laid down the guidelines that how the police and the learned Magistrate have to act in respect of offences, which carry punishment of 7 years or less than 7 years.
4. The learned APP next submits that offences in India are categorized by the Cr.P.C as cognizable and non-co
Arrest of accused – Simply because Police have power to make arrest does not mean that arrest should be made rather power of arrest should be exercised only as a necessity given paramountcy of libert....
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
The main legal point established in the judgment is the necessity for police officers to have a reason to believe and be satisfied about the necessity of arrest, as well as the requirement to record ....
The court reinforced guidelines for arresting individuals in cases with potential sentences of seven years or less, emphasizing the need for adherence to procedural safeguards.
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