9. However, in this regard, it is apposite to mention the Hon'ble Apex
Court in Arnesh Kumar v. State of Bihar 4, wherein a detailed guidelines
were issued at Para Nos.11 and 12, for arresting a person, which are being
reproduced herein below:-
In the light of the law laid down in the case of Satender Kumar Antil,
Arnesh Kumar and Md.Asfak Alam, the investigating officer is under legal
obligation to proceed in accordance with law, but he shall follow the procedure
5
(2023) 8 SCC 632
7
prescribed under Sections 41 and 41(A) of 'the Cr.P.C.,' (now Sections 35 and
35(3) of 'the B.N.S.S.,' 2023). The petitioners are obliged to render their fullest
cooperation in the ongoing investigation.