Naushad Ansari VS State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SATYAVRAT VERMA
Naushad Ansari – Appellant
Versus
State of Bihar – Respondent

Counsel for the Parties:
For the Petitioner:Md. Waliver Rahman and Mr. Shakil Ahmad Khan, Advocates
For the Opp. Party: Mr. Chandra Bhushan Prasad, APP

ORDER (ORAL)

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 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- cognizable, bailable and non-bailable, for a cognizable offence, the police registers an FIR and arrests the accused without a warrant, if offence is bailable, the police must release the accused upon a