Appointment to Higher Post on Compassionate Grounds Not a Matter of Right: J&K&L High Court
07 Mar 2026
Nearly Decade-Long Delay in Patnitop Illegal Construction PIL Appalls J&K&L High Court; Directs PDA CEO to Join Proceedings
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Employees Under CCS Pension Rules Excluded from PG Act Section 2(e) Gratuity: Delhi HC Upholds Forfeiture on Resignation
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Maintenance to Wife Should Not Encourage Idleness or Be Excessive: Gujarat HC Reduces Family Court Enhancement under CrPC Ss.125,127
11 Mar 2026
Dehadrai Seeks Dismissal of Moitra's Dog Custody Suit
11 Mar 2026
Back
Next 
PATNA HIGH COURT
SATYAVRAT VERMA, J
Ekramul Ansari @ Ekramul – Appellant
Versus
The State of Bihar – Respondent
Headnote: Read headnote
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 03-12-2025 1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Risiup P.S. Case No. 104 of 2025 registered for the offences punishable under Sections 303(2) and 317(2) of the BNS, 2023 read with Section 56 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and Sections 4 (1)(A) and 21 of Mines and Minerals (Regulation and Development) Act , 1957.
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 rel
Anticipatory bail cannot be entertained where no notice under Section 35 BNSS has been given prior to arrest in cases carrying lesser sentences.
Anticipatory bail applications require adherence to procedural notice provisions under relevant statutes before courts can assess apprehensions of arrest.
Anticipatory bail related to offences with punishments of seven years or less; legal processes must be followed prior to arrest.
Anticipatory bail requires established procedural compliance under relevant statutes concerning arrest for specified offences.
The absence of notice under Section 35 BNSS precludes apprehension of arrest for offences punishable by less than seven years.
The failure to issue notice under Section 35 BNSS negates the apprehension of arrest in cases with lesser punishments.
Procedures for arrest in cases with penalties under seven years must be followed, impacting anticipatory bail applications.
Failure to issue notice under Section 35 BNSS negates grounds for anticipatory bail in cases with punishments of less than seven years.
Anticipatory bail can be dismissed if there is no issuance of notice under Section 35 of the BNSS regarding arrest procedures.
The absence of notice under Section 35 of the BNSS negates anticipatory bail for offenses punishable by seven years or less.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article