Akbal @ Eqbal Ansari vs The State Of Jharkhand ..... ... ...
2025 Latest Caselaw 2206 Jhar

Jharkhand High Court

Akbal @ Eqbal Ansari vs The State Of Jharkhand ..... ... ... on 7 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                         ( 2025:JHHC:22206 )




       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      A. B. A. No. 4158 of 2025

        Akbal @ Eqbal Ansari, aged about 20 years, son of Hatim Mia @ Ansari,
        resident of village Narodih, P.O. and P.S. Narayanpur, District-Jamtara
                                                           ...... ...     Petitioner
                                    Versus
       The State of Jharkhand                                  ..... ...    Opposite Party
                                 --------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Satish Prasad, A.P.P.

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05/ 07.08.2025: Heard learned counsel for the petitioner and , learned counsel for the State.

2. It is alleged that the petitioner has stolen motorcycle of the informant. The case is thus registered under Sections 303(3) of BNS, 2023 in connection with Govindpur P.S. Case No. 236 of 2024, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad.

3. During course of argument, learned A.P.P submits that notice under Section 35(3) BNSS has been issued to the petitioner. At this stage, counsel for the petitioner submits that the petitioner is yet to receive the aforesaid notice.

4. Considering the aforesaid submission of the State, it appears that notice under Section 35(3) BNSS has been issued, thus, it is clear that the police is not having intention to arrest the petitioner.

5. In that view of the matter, the petitioner is directed to comply the notice issued under Section 35(3) BNSS by appearing before the Investigating Officer, thereafter take appropriate steps in terms of Judgment passed by the Hon'ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51 as well as the observation made in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in (2024) 9 SCC 198, as the punishable offence is much less than seven years.

6. Accordingly, this application stands disposed of.

( Sanjay Kumar Dwivedi, J.) satyarthi-