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2026 DAILYLAW 14615 (JHR)

WAKIL KHAN v. STATE OF JHARKHAND

A.B.A./833/2026 · 2026-02-13

Sanjay Kumar Dwivedi

body2026

Judgment text

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Neutral Citation No. ( 2026:JHHC:3949 ) IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 833 of 2026 ---- Wakil Khan, aged about 50 years, son of Yasin Khan, resident of village- Madrasa Road Sisai, P.O.- Sisai, P.S.- Sisai, Dist.- Gumla, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mrs. Shreya Tiwary, Advocate :- Mr. K. S. Nanda, Advocate For the State :- Mrs. Ruby Pandey, A.P.P. ---- 02/13.02.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Raidih P.S. Case No.20 of 2023, for the offence registered under sections 414, 34 IPC, section 11(i)(iv) of Cruelty to Animal Act, 1960 and sections 12(1), 13(1) of Jharkhand Bovine Animal Prohibition and Slaughter Act, 2005, pending in the court of learned Judicial Magistrate, 1st Class, Gumla. 3. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the confessional statement. The petitioner is neither the owner nor the driver of the vehicle and the allegations are made that the bovine animal was being transported. She further submits that in identical situation, the co-accused Samsher Kuraishi @ Shamsher Quraishi has already been granted anticipatory bail in A.B.A. No.10178 of 2023. She submits that petitioner is having one criminal antecedent of a different nature. 4. Learned counsel appearing for the State opposes the prayer and submits that petitioner is having the criminal antecedent. -2- 5. Considering that co-accused Samsher Kuraishi @ Shamsher Quraishi has already been granted anticipatory bail in A.B.A. No.10178 of 2023 and the name of the petitioner has been surfaced in the confessional statement of the apprehended co-accused. Further, criminal antecedent cannot be the sole criteria of either allowing and rejecting the anticipatory or regular bail. 6. In view of that matter, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. 7. Accordingly, this anticipatory bail application is disposed of. (Sanjay Kumar Dwivedi, J.) Dated 13.02.2026 Jay/