CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 28-01-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Barauni P.S. Case No. 23 of 2025, registered for the offences punishable under Sections 334(1), 303(2) of the BNS and Section 27 of the Arms Act .

3. Allegedly in the night of 06.02.2025, a theft was committed in the shop of the informant by unknown 4-5 thieves, who took away the golden and silver jewellery worth Rs.4,50,000/-.

4. Learned Advocate for the petitioner submitted that the FIR has been instituted against unknown thieves and, later on, one Md. Firdaus was apprehended by the police and the which is not admissible under the eyes of law, there is no cogent material suggesting the complicity of the petitioner in the crime. Neither the tower location of the petitioner’s phone was found at the alleged place of occurrence nor he has been seen in any of the CCTV footage installed at or around the place of occurrence. Even during course of investigation, no incriminating material has been recovered from the whereabouts of the petitioner. However only on account of one criminal antecedent and he being one of the friend of co-accused Md. Fi