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Patna High Court

Md. Irshad @ Md. KariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner upon condition of a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Irshad, was arrested in connection with a case registered under sections 325, 299 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 5, 6, 6(A) and 6(B) of the Prevention of Cow Slaughter Act. The prosecution alleged that a search of his slaughter house yielded 150 kg of chopped meat and material from cows, implicating him in illegal slaughter. The petitioner contended that he was falsely implicated and that no such articles were found in his possession, having been in custody since 30 January 2026 with a chargesheet already filed. He applied for regular bail, which was opposed by the State. After hearing both sides, the court considered the nature of the allegations and the duration of custody and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner given the nature of the offences under the Bhartiya Nyaya Sanhita and the Prevention of Cow Slaughter Act?
  • Whether the petitioner’s claim of false implication affects the bail decision.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • offence against person
  • cow slaughter
  • false implication
  • chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22728 of 2026
                      Arising Out of PS. Case No.-213 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Md. Irshad @ Md. Kari S/o Mohammad Tahir R/o vill - Pranpur ward no. 11,
                 P.S.- Bakhri, Dist.- Begusarai
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advocate
                                                   Mr. Vinit Kumar, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   08-07-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bakhri P.S. Case no.213

                   of 2025 registered under sections 325, 299 and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 and sections 5, 6, 6(A) and 6(B)

                   of the Prevention of Cow Slaughter Act.

                                 3. As per the prosecution case, on search being

                   conducted of the slaughter house, which is run by the petitioner,

                   it is stated that 150 kgs of chopped meat etc was recovered. It is

                   further stated that cows and other material were also recovered

                   from the slaughter house of the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No such

                   article as alleged in the FIR has been recovered from the
             Patna High Court CR. MISC. No.22728 of 2026(4) dt.08-07-2026
                                                         2/2




                       possession of the petitioner or in the presence of the petitioner.

                       He is in custody since 30.1.2026 and chargesheet has been

                       submitted in the case.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the nature of allegation against the

                       petitioner in the FIR together with the petitioner having

                       remained in custody since 30.1.2026 and chargesheet having

                       been submitted in the case, the petitioner is directed to be

                       enlarged on bail in connection with Bakhri P.S. Case no.213 of

                       2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Chief Judicial Magistrate, Begusarai.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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