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Judgment
Sanjay Kumar Dwivedi, J
Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Rail P.S. Sahibganj Case No.22 of 2025, for offence registered under section 317(5) of BNS, 2023, corresponding to Section 414 of IPC pending in court of learned J.M.F.C., Sahibaganj.
Learned counsel for petitioner submits that the petitioner happened to be son of apprehended accused namely Panwa Devi who is mother of the petitioner from whose possession 24 stolen mobile phones have been recovered. He next submits that the name of the petitioner has been taken by one Rani Devi during the investigation. He then submits that the petitioner has received notice under section 35(3) BNSS, 2023 and has appeared before the investigating officer on 20.9.2025 and to buttress his such argument he refers to Annexure-2 (page no.28).
Learned State counsel opposes prayer and submits that the petitioner ‘s name has been taken by one Rani Devi..
Considering that the petitioner has appeared before the investigating officer and that has been submitted on the strength of Annexure -2 which is a written reply and the receipt of which is also there and the name of the petitioner has come on the confessional statement and it has been pointed out that the petitioner has got no criminal antecedent as disclosed in paragraph no.50 of the petition, and in that view of the matter, the petitioner is, hereby, directed to surrender before the learned court concerned within two weeks after X-Mas holidays, and the learned court concerned shall release the petitioner, above named, on such terms and conditions as well as sureties, as the learned court concerned may deem fit and proper.
This petition is accordingly disposed of..