MD. MUBARAK ALIAS MOBARAK v. THE STATE OF JHARKHAND
A.B.A./286/2025 · 2025-01-22
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31235 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31235 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 286 of 2025
------ Md. Mubarak @ Mobarak, aged about 43 years, S/o Ful Mohammad, R/o 83A, Phus Banglow, Near Ekra Masjid, P.O. Bhaga, P.S. –Jharia, District –Dhanbad, Jharkhand.
… Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the State
: Mr. Manoj Kr. Mishra, Addl. P.P. ------
Order No.02 Dated- 22.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chandankiyari (Barmasia O.P.) P.S. Case No.109 of 2024 registered under sections 3, 11(1)(a), 11(1)(b), 11(1)(d), 11(1)(e), 11(1)(h), 11(1)(i), 1191)(j) of the Prevention of Cruelty to Animal Act, 1960, Section 47(a)/47(b)/48/49(a)/49(b)/51(a)/52/53/54(1)/54(2) of Transport of Animal Rules 1978 and Section 3/4/12 of the Bovine Animal Prohibition of Slaughter Act, 2005.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the Pick Up Van which was seized by the police for being involved in transportation of bovine animals for slaughtering them illegally. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.60,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Bokaro, in connection with Chandankiyari (Barmasia O.P.) P.S. Case No.109 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-