Afzal Kuraishi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Afzal Kuraishi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional anticipatory-bail arrangement: petitioner directed to surrender before the learned court (Chief Judicial Magistrate, Dhanbad) within two weeks, to be released thereafter on such terms, conditions and sureties as the learned court may deem fit and proper.

Issue for consideration

Whether the petitioner — who claims to be neither the owner nor the driver of the vehicle allegedly used for loading/carrying of bovine animals, and who has received a notice under section 35(3) of BNSS, 2023 — apprehending arrest in Chirkunda (Maithon O.P.) P.S. Case No.208 of 2025, should be released on anticipatory bail.

Court's answer

The Court considered that the petitioner is neither the owner nor the driver of the vehicle in question, that other co-accused persons have been granted anticipatory bail in ABA No.6114 of 2025, and that the petitioner has no criminal antecedent.

Ratio / Principle

On those considerations, the Court directed the petitioner to surrender before the learned court within two weeks, whereupon the learned court concerned shall release the petitioner on such terms, conditions and sureties as it may deem fit and proper.

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand, Ranchi (A.B.A. No. 135 of 2026, decided 15.01.2026 by Sanjay Kumar Dwivedi, J.; 2026:JHHC:1069): Petitioner Afzal Kuraishi, apprehending arrest in Chirkunda (Maithon O.P.) P.S. Case No.208 of 2025 pending before the Chief Judicial Magistrate, Dhanbad, concerning alleged loading/carrying of bovine animals — offences under sections 317(5) and 3(5) of BNS, 2023; Section 11(1)(e)(h)(i)(k) of Prevention of Cruelty to Animal Act; Sections 47, 48, 50, 52, 54, 54(b), 56(c) of Transport of Animal Rules; Sections 12(2), 12(3) of Jharkhand Bovine Animals Prohibition of Slaughter Act — having received notice under section 35(3) of BNSS, 2023, sought anticipatory bail. Counsel submitted that the petitioner was neither the owner nor the driver of the vehicle, that co-accused had been granted anticipatory bail (ABA No.6117 of 2025 per counsel; ABA No.6114 of 2025 per the Court's operative paragraph), and that the petitioner had no criminal antecedent; State counsel opposed, alleging the animals were carried in a cruel manner. The Court, weighing those considerations, directed surrender within two weeks and release thereafter on such terms, conditions and sureties as the court concerned deemed fit and proper; the petition was disposed of.

2026:JHHC:1069

IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 135 of 2026

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Afzal Kuraishi, son of Amir Hussain Kuraishi aged about 51 years resident of Village Muradabad, PO Muradabad and PS Sasaram, District Rohtas, Bihar .... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioner :- Mr. Shailesh Kr Singh, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ----

4 /15.01.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection

with Chirkunda (Maithon O.P.) P.S. Case No.208 of 2025, for offence registered under sections 317(5) and 3(5) of BNS, 2023 and Section 11(1)(e)(h)(i)(k) of Prevention of Cruelty to Animal Act, Sections 47, 48, 50, 52, 54, 54(b), 56(c) of Transport of Animal Rules, Section 12(2), 12(3) of Jharkhand Bovine Animals Prohibition of Slaughter Act, pending in court of learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for petitioner submits that the petitioner is neither the owner nor the driver of the vehicle in question and the allegations are made of loading of bovine animals. He further submits that other accused persons have been granted anticipatory bail in ABA No.6117 of 2025. He next submits that the petitioner was only standing near and now the petitioner has received notice under section 35(3) of BNSS, 2023 and the petitioner has got no 1

2026:JHHC:1069 criminal antecedent as disclosed in paragraph no.13 of the petition.

Learned State counsel opposes prayer and submits that in

cruel manner the bovine animals were being carried.

Considering that petitioner is neither the owner nor the driver of the vehicle in question and other coaccused persons have been granted anticipatory bail in ABA No.6114 of 2025, and the petitioner has got no criminal antecedent, and in that view of the matter, the petitioner is directed to surrender before the learned court within two weeks from today, and the learned court concerned shall release the petitioner on such terms and conditions as well as

the sureties as the learned court may deem fit and proper.

This petition is disposed of.

( Sanjay Kumar Dwivedi, J.)

15.01.2026 SI/

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