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PATNA HIGH COURT
SATYAVRAT VERMA, J
Rupesh Kumar – Appellant
Versus
The State of Bihar – Respondent
Headnote: Read headnote
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State
2. The petitioner apprehends his arrest in Pipra P. S.
Case No.139 of 2025 registered for the offences punishable under Sections 137(2), 140(3) and 3(5) of the B.N.S.
3. Learned APP for the State, at the outset, submits that the law is clear that where offences for which an FIR has been instituted carries punishment of seven years and less, the arrest is not automatic. It is next submitted that in the event, if the police intends to arrest an accused who is implicated in a case relating to offences which carries punishment of seven years or less, in that event,, the police has to resort to certain procedure as incorporated i
Anticipatory bail applications lack merit if no notice under Section 35 BNSS is issued, affecting apprehension of arrest.
The court clarified the procedure for arrest under the BNSS, asserting that prior notice is required for offences carrying less than seven years.
The absence of procedural notice under Section 35 BNSS negates apprehension of arrest for offences with less than seven years punishment.
Anticipatory bail applicability depends on the issuance of notice under Section 35 BNSS when the arrest does not automatically follow.
Anticipatory bail applications hinge on the issuance of notice under relevant statutes when offenses carry less than seven years of punishment.
Anticipatory bail related to offences with punishments of seven years or less; legal processes must be followed prior to arrest.
The failure to issue notice under Section 35 BNSS negates the apprehension of arrest in cases with lesser punishments.
Anticipatory bail requires established procedural compliance under relevant statutes concerning arrest for specified offences.
Procedures for arrest in cases with penalties under seven years must be followed, impacting anticipatory bail applications.
The absence of notice under Section 35 BNSS precludes apprehension of arrest for offences punishable by less than seven years.
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