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PATNA HIGH COURT
SATYAVRAT VERMA, J
Dharmendra Diswah – Appellant
Versus
The State of Bihar – Respondent
Headnote: Read headnote
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 09-12-2025 Heard learned counsel for the petitioner and learned APP for the State
2. Petitioner apprehends his arrest in Naurangiya P.S.
Case No.18 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 318(3), 318(4), 352 and 351(3)
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 ac
Procedures for arrest in cases with penalties under seven years must be followed, impacting anticipatory bail applications.
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.
Anticipatory bail related to offences with punishments of seven years or less; legal processes must be followed prior to arrest.
Failure to issue notice under Section 35 BNSS negates grounds for anticipatory bail in cases with punishments of less than seven years.
The absence of notice under Section 35 BNSS precludes apprehension of arrest for offences punishable by 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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