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2025 DAILYLAW 7956 (JHR)

MASHOJIMA KHAN @ MOSHIJAMA KHAN v. THE STATE OF JHARKHAND

A.B.A./1968/2025 · 2025-03-26

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1968 of 2025 ------ 1. Mashojima Khan @ Moshisama Khan, aged about 45 years S/o Md. Masuk Khan, resident of Vill- Dumra Road Hamjapur, P.O. and P.S.- Amas, District- Gaya, Bihar. 2. Sabid Khan aged about 20 years, S/o Wakil Khan, R/o-Village- Pankara, P.O. and P.S. Adhar Chowk, District Gaya (Bihar) 3. Abdul Ahad Ansari aged about 62 years, S/o Late Mohiuddin Miyan, R/o village- Pokhari Kalan, P.O.- Saraidih Pokhari, P.S.- Barwadih, District Latehar, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Shahid Yunus, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P ------ Order No.02 Dated- 26-03-2025 Heard the parties. Apprehending their arrest in connection with Chhipadohar P.S. Case No.25 of 2024 instituted for the offences punishable under Sections 281, 317 3 (5) of the B.N.S., 2023 and Section 11 (i) (a), 11 (i) (d), 11 (i) (e) of the Prohibition of Animal Cruelty Act and Rule 47, 48, 49, 51, 52, 54, 56 of the Animal Transportation Rules, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, dishonestly received stolen property and were illegally transporting buffaloes causing cruelty to animals. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-06 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Latehar in connection with Chhipadohar P.S. Case No.25 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/