Patna High Court
Md. Firoj @ FirojversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied as the allegations, though not detailed, were deemed sufficient to justify refusal of the privilege.
Summary
The petitioner, Md. Firoj, applied for anticipatory bail after being implicated in a case involving theft and slaughter of three cows, alleged assault on the informant, and violations under the B.N.S and the Prevention of Cruelty to Animals Act, 1960. The informant claimed the accused, including the petitioner, stole the cows, slaughtered them, and assaulted him when he attempted to record the scene. The petitioner argued that the FIR does not specifically allege any wrongdoing against him and that he has been falsely implicated. The State opposed bail, contending that the allegations, though not detailed, point to the petitioner's involvement and that granting bail could risk his absconding as the investigation is at an early stage. The Court, after considering the submissions, declined to grant anticipatory bail, finding the allegations sufficient to deny the privilege.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
- Whether the lack of specific allegations against the petitioner in the FIR precludes denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 115(2), 303(2), 325, 3(5), 351(2), 352
- Prevention of Cruelty to Animal Act, 1960 — s. 11, 12, 13
Subjects
- anticipatory bail
- criminal procedure
- animal cruelty
- theft
- assault
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39827 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- DANAPUR District- Patna
======================================================
Md. Firoj @ Firoj Son of Md. Ali Baksh Resident of Mohalla- Lal Kothi Near
Kurban Ke Masjid, Ward No.13, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Anwar
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P for the state.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 303(2),
325, 115(2), 351(2), 352, 3(5) of B.N.S and Sections 11, 12 and
13 of Prevention of Cruelty to Animal Act, 1960.
3. Learned counsel submits that the petitioner has an
antecedent of one case and the informant alleges that petitioner
along with named accused persons committed theft of his three
cows from his cowshed, on inquiry, the informant reached the
house/shop of Kalam and found that all the three cows were
slaughtered and head of the cows were kept in the shop along
with the skin and when the informant started making video, the
accused persons assaulted him by daab and chappar, while
Patna High Court CR. MISC. No.39827 of 2026(2) dt.29-06-2026
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women accused threw hot water.
4. The learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is further submitted that on
perusal of the allegations as alleged in the FIR, it would
manifest that informant alleges that when he reached the house
store/shop of Kalam, he found all the three cows were
slaughtered and their head were kept in the shop along with the
skin. It is next submitted that as far as petitioner is concerned no
specific allegation is alleged against him.
5. The learned APP opposes the anticipatory bail
application and submits that from perusal of the allegations as
alleged in the FIR, it would manifest that informant alleges that
when he started making search, he came to know that theft of
cow was committed by the accused persons including the
petitioner accordingly, he went to the shop/house of the Kalam
where the head of the cows were found along with the skin and
when petitioner was making video of the same, he was assaulted
by the accused persons but then fairly submits that allegation of
assault is not specific. It is also submitted that investigation of
the case is in its nascent stages and if privilege of anticipatory
bail is granted, the petitioner may abscond.
Patna High Court CR. MISC. No.39827 of 2026(2) dt.29-06-2026
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6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner. Hence, the prayer
for anticipatory bail is rejected.
(Satyavrat Verma, J)
rajesh/-
U T
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