CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 11-12-2025 1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Ghanshyampur P.S. Case No.230/2022, registered for the offences punishable under Sections 341, 342, 323, 324, 308, 379, 34 of the Indian Penal Code.

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 41A of the Cr.P.C. The learned APP next submits that anticipatory bail may or may not be maintainable after the accused receives notice under Section 41A Cr.P.C., as it will depend on the facts and circumstances