Patna High Court

Md. Irshad @ Md. KariversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: SOURENDRA PANDEY

Holding

Anticipatory bail was denied because the allegations under the Prevention of Cow Slaughter Law and the seriousness of the offences warranted surrender and consideration of regular bail.

Summary

The petitioner, Md. Irshad, sought anticipatory bail after being implicated in a case (Bakhari PS Case No.213 of 2025) for offences under Sections 325, 299 and 3(5) of the B.N.S. and Sections 5, 6, 6(A) and 6(B) of the Prevention of Cow Slaughter Law. The prosecution alleged that he operated a slaughterhouse from which 150 kg of meat, two cow heads and other cattle were seized. The petitioner contended that he was falsely implicated, that the co‑accused merely named him without any material recovered from his possession, and that he was already on bail for two other cases. The State opposed anticipatory bail, emphasizing the violation of the cow‑slaughter law. Justice Sourendra Pandey rejected the anticipatory bail application, directing the petitioner to surrender within four weeks and to apply for regular bail, noting that the lower court may consider the regular bail plea on its merits. The order effectively denied anticipatory bail.

Issues considered

Whether anticipatory bail can be granted to the petitioner given the alleged offences under the B.N.S. and the Prevention of Cow Slaughter Law.
Whether the mere naming of the petitioner by co‑accused, without seizure from his possession, suffices for anticipatory bail.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S. — s. 299, 325, 3(5)

Subjects

anticipatory bail
cow slaughter
criminal law
bail
seizure
prevention of cow slaughter law
B.N.S. offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81812 of 2025
                      Arising Out of PS. Case No.-213 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Md. Irshad @ Md. Kari S/O Mohammad Tahir R/O Village - Pranpur, Ward
                 No. - 11, P.S- Bakhari, Dist.- Begusarai
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar Sinha, Adv.
                 For the Opposite Party/s :        Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   15-01-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bakhari P.S. Case No. 213 of 2025 dated 12.06.2025

                   registered for the offences punishable under Sections 325, 299 and

                   3(5) of the B.N.S. and Sections 5, 6, 6(A) and 6(B) of the

                   Prevention Cow Slaughter Law.

                                3. As per the prosecution case, the allegation against the

                   petitioner is that he runs slaughter house and on search, total 150

                   Kg. of chopped meat, two cows heads, other cows and other

                   materials were recovered and seized from the slaughter house

                   owned by the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It has further

                   been submitted that the petitioner was not apprehended from the
           Patna High Court CR. MISC. No.81812 of 2025(3) dt.15-01-2026
                                                       2/2




                     place of occurrence. It has further been submitted that though the

                     apprehended co-accused persons have given the name of the

                     petitioner in the alleged offence but no such recovery has been

                     made from the conscious possession of the petitioner. It has lastly

                     been submitted that the petitioner has two criminal antecedents in

                     which he is on bail.

                                  5. The learned A.P.P. for the State has vehemently

                     opposed the prayer for anticipatory bail of the petitioner and

                     submitted that the petitioner runs a slaughter house and from there

                     the cows and cow meat were recovered, which is in contravention

                     of the provisions of the Prevention of Cows Slaughter Law.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, the prayer for anticipatory bail of the petitioner is hereby

                     rejected and the petitioner is directed to surrender before the Court

                     below concerned within four weeks from the date of this order and

                     pray for regular bail, the learned Court below may consider the

                     prayer for regular bail of the petitioner on its own merits without

                     being prejudiced by this order.

                                  7. The application stands rejected.



                                              (Sourendra Pandey, J)
Gautam/-
U     T

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