Justice Ashwani Kumar Singh passed the order on a criminal writ petition filed by advocate Vidhyachal Singh on behalf of his client Nirmal Baba challenging the arrest warrant issued by the Araria court. Setting aside the NBW, the judge said that there was no legally valid ground for arrest of the petitioner without fulfilling conditions and prerequisites, like notices and summons against an accused person.
At the same, under section 41 of CrPC the police can arrest a person who has been alleged to have committed crime under cognisance and non-bailable sections of the law, Justice Singh said. In any case, if the arrest is imperative then the investigating officer could arrest the accused as per provisions of the law, the court said. The Araria court had issued arrest warrant against the godman on May 19 last while hearing the case filed by Rakesh Kumar Singh.
Singh, in an FIR lodged at Forbesganj police station on April 21 under sections 417 and 420 of the IPC had alleged that he had deposited Rs 1000 in the Baba`s bank account for grant of an audience with him to seek solution to his financial problems, but the Godman`s counsel did not have any bearing on his problems.