CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner apprehends his arrest in Baheri P.S.

Case No.163 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 319(2), 110, 117(2), 303(2) and 3(5) of B.N.S. , 2023.

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 in the BNSS, i.e., the police first has to give a notice under Section 35 of the BNSS. The learned APP next submits that anticipatory bail may or may not be maintainable after the accused receives notice under Section 35 BNSS, as it will depend on the facts and circumstances of the case, because the police even after issuance of notice under Section 35 BNSS cannot arrest the accused wi