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PATNA HIGH COURT
SATYAVRAT VERMA, J
Kapil Mahto @ Kapildeo Mahto – Appellant
Versus
The State of Bihar – Respondent
Headnote: Read headnote
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 08-12-2025 Heard learned counsel for the petitioners and learned APP for the State
2. The petitioners apprehend their arrest in Surajgarha P.S. Case No.157 of 2025, registered for the offences punishable under Sections 115(2), 191(2), 126(2), 352 and 74 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 Sectio
Anticipatory bail requires established procedural compliance under relevant statutes concerning arrest for specified offences.
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.
Anticipatory bail related to offences with punishments of seven years or less; legal processes must be followed prior to arrest.
The absence of notice under Section 35 BNSS precludes apprehension of arrest for offences punishable by less than seven years.
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.
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.
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