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2026 DAILYLAW 24412 (JHR)

ARSHAD KHAN v. THE STATE OF JHARKHAND

A.B.A./4866/2026 · 2026-08-28

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:25888 ) -1- A.B.A. No. 4866 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4866 of 2026 Arshad Khan, aged about 25 years, son of Jaan Mohmad, resident of Village Kalwan, P.O. Darioura, Amas, P.S. Gaya, District- Gaya (Bihar) … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Sudhir Kumar Roy, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ----- 02/28.08.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Nimiaghat P.S. Case No.100/2024, registered for the offence under Sections 303(2), 317(5), 112 read with Section 3(5) of the BNS, Sections 11(1)(A), (b)(f) h(k) of Prevention of Cruelty of Animal Act, Section 12 of Jharkhand Bovine animal Prohibition Transportation of Animal Rules, 2005 and rules 47(A)(B)(C), 49, 54(A)(B) and (C) of the Transportation of Animal Rules, 1978, pending in the Court of the learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case. He further submits that the petitioner happened to be the driver. He then submits that the allegations are there of carrying bovine animals. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioner. 4. Learned counsel for the State opposed the prayer and submits that serious allegations are there of carrying bovine animals that too 53 cattle and out of those, 3 cows had already died in the said vehicle. On these grounds, he submits that the prayer for anticipatory bail may kindly be rejected. ( 2026:JHHC:25888 ) -2- A.B.A. No. 4866 of 2026 5. Considering that 53 animals were being carried in the said vehicle and out of those, 3 cows had already died and prima facie, it appears that 3 cows had died due to cruelty upon the animals and in the attending facts and circumstances of the case, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, as such, his prayer for anticipatory bail is, hereby, rejected. 6. Accordingly, this application is dismissed. (Sanjay Kumar Dwivedi, J.) Dated: 28th August, 2026 Ajay/