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2025 DAILYLAW 7986 (JHR)

ATAHAR KURAISHI v. THE STATE OF JHARKHAND

A.B.A./1981/2025 · 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.1981 of 2025 ------ Atahar Kuraishi, aged about 30 years, son of Mobin Kuraishi, resident of Dumri, Kaimur, P.O. Kabilashpur, P.S.-Kaimur, District Kaimur, Bihar. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. V.K. Vashistha, Spl.P.P. ------ Order No.02 Dated- 26/03/2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Chirkunda P.S. Case No.250 of 2024 registered under sections 317(5) & 3(5) of the B.N.S, 2023, under Section 11(1)(a), 11(1)(b), 11(1)(e), 11(1)(h), 11(1)(i), 11(1)(k) & 38 of Prevention of Cruelty to Animals Act, 1960 and Rule 47, 48, 50, 52, 54 & 56(c) of the Transport of Animal Rule and Section 4(ka)(1), 4(kh)(2) of Jharkhand Bovine Animal (Prohibition of Slaughter) Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the container which was involved in transportation of bovine animals taken for slaughtering to Bengal. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.18 of the anticipatory bail application. 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 privileges of anticipatory bail. Learned Spl. 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 privileges 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. 1,00,000/- 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 C.J.M., Dhanbad, in connection with Chirkunda P.S. Case No.250 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.) Abhiraj/