Patna High Court
Md. Irshad @ Md. KariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 299, 325, 3(5)
- Prevention of Cow Slaughter Act — s. 5, 6, 6(A), 6(B)
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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