CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Dhoraiya P.S. Case No. 255 of 2025, registered for the offences punishable under Sections 317(5) and 3(5) of the B.N.S., 2023.

3. The allegation against the petitioners is of involved in sale and purchase of stolen motorcycle and on the alleged date of occurrence, one motorcycle having without number plate on the fateful day, one customer had come on his motorcycle to sell some junk materials, however, noticing the police party, it is he, who succeeded in fleeing away, after leaving the motorcycle. The petitioners have nothing to do with the motorcycle, moreover, it has not been disclosed till date that the motorcycle, in question, was subject matter of which offence. It is further contended that admittedly the offence, as alleged in the FIR, are punishable up to seven years and, as such, the police must record reason showing necessity of arrest, as contemplated in Section 41 (A) of Cr.P.C./ Section 35(3) of the BNSS, 2023. To support the aforesai