Md. Saif Ali vs The State Of Jharkhand
2025 Latest Caselaw 2304 Jhar

Jharkhand High Court

Md. Saif Ali vs The State Of Jharkhand on 12 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                         [ 2025:JHHC:23230]


      IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                            A.B.A. No. 4264 of 2025
      Md. Saif Ali, aged about 24 years, son of Md.
      Manjur Ahmad, resident of Rajdhanwar, near
      Chamra Godown, P.O. and P.S. Dhanwar, District
      Giridih, Jharkhand.
                                                 .....   ...   Petitioner
                                  Versus
      The State of Jharkhand.
                                                 .....   ...   Opposite Party
                          --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Md. Zaid Ahmed, Advocate. For the State : Mrs. Vandana Bharti, A.P.P.

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06/ 12.08.2025 Heard learned counsel appearing for the petitioner and

learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection

with Dhanbad G.R.P.S. Case No. 131 of 2024, registered for the

alleged offence under Section 379 of the Indian Penal Code, pending

in the Court of learned Railway Judicial Magistrate, Dhanbad.

3. Learned counsel appearing for the petitioner submits

that the allegation in the FIR is of stealing the mobile phone from

the running train of a person and from the CDR, it has been found

that in the said stolen mobile, the SIM of this petitioner was used.

He submits that the petitioner never used the said stolen mobile

phone. He further submits that the petitioner has received the

notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita,

2023 and the petitioner has already replied to that notice. He

submits that the petitioner is having no criminal antecedent and

disclosure to that effect has been made in para-14 of the said

petition.

4. Learned A.P.P appearing for the State submits that if the

notice is there the petitioner is required to comply the same.

5. In view of the above and considering the judgment of

[ 2025:JHHC:23230]

Hon'ble Supreme Court in the case of Satender Kumar Antil

Versus Central Bureau of Investigation & Anr., reported in

(2022) 10 SCC 51, the petitioner, named above, is directed to

surrender before the learned Court within two weeks from today

and the learned Court will release the petitioner on the

appropriate terms and conditions or on sureties as may deem fit

and proper by the learned Court.

(Sanjay Kumar Dwivedi, J.) Amitesh/-