Page No.# 1/4 GAHC010075012025 2025:GAU-AS:4853 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1097/2025 RIDAY MUSHAHARY S/O JAGADISH MUSHAHARY, VILL-RAMDEO, P.S.- GOSSAIGAON, DIST- KOKRAJHAR (ASSAM), PIN-783360 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, P DEY,SAMIM RAHMAN,MD A RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23.04.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Riday Mushahary, son of Jagadish Mushahary, resident of village-Ramdeo, Police Station-Gossaigaon, District-Kokrajhar has filed this application under Section 483 BNSS, 2023 on 05.04.2025, praying for his bail in Gossaigaon Police Station Page No.# 2/4 Case No. 41/2025 registered under Sections 303(2)/317(2)/3(5) of BNS, 2023 read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021 read with Section 11(1)(a)(d) (h) of the Prevention of Cruelty to Animals Act, 1960, in which, he was arrested on 28.03.2025 and is in custody since then. 3) As per the FIR dated 21.03.2025 lodged before the Officer-in-Charge of Gossaigaon Police Station, the case is that on 20.03.2025, in the evening, on receipt of secret information from reliable source that some persons are trying to smuggle cattle from Maktaigaon towards Gossaigaon in a vehicle bearing registration No. AS-26/AC-0826, police personnel from Gosaigaon Police Station proceeded towards Kashiabari-Soraibil road, Mojatigaon FV and conducted a Naka checking. During such Naka checking, the said vehicle that was coming from Kashiabari side towards Soraibil was intercepted. During checking of the said vehicle, 6 (six) Nos. of cattle were found that were carried on it in a very pathetic condition. The driver of the said vehicle, namely, Md Aijul Islam was apprehended and the concerned vehicle bearing registration No. AS-26/AC-0826 and the 6 Nos. of cattle were seized. Later, those 6 Nos. of cattle seized in the case were placed with the S.D. Live Stocks and Shelter House at Damrapara for their proper food and medication. During investigation, it was revealed that those cattle were loaded at Maktaigaon under Sapkata Outpost and were being transported to Chirang for slaughtering purpose. 4) The said FIR dated 21.03.2025 was accordingly registered as Gossaigaon Police Station Case No. 41/2025 under Sections 303(2)/ 317(2)/3(5) of BNS, 2023 read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021 read with Section 11(1)(a)(d)(h) of the Prevention of Cruelty to Animals Act, 1960. 5) During investigation of the case, the petitioner was arrested on 28.03.2025 and was produced before the learned Sub-Divisional Judicial Magistrate at Gossaigaon. 6) From the case diary, Mr. B. Sharma, learned Additional Public Prosecutor, Assam submitted that the petitioner is one of the Kingpin in procuring cattle and supplying them to various places by different vehicles for slaughtering purposes, along with other accused persons of the case, who are yet to be arrested. 7) From the case diary, Mr. B. Sharma, learned Additional Public Prosecutor, Assam also Page No.# 3/4 submitted that the petitioner used to procure such cattle from different places and used to keep them in his house and used to transport them by various means. In the case in hand, the 6 (six) Nos. of cattle were sent through the said Ashok Leyland Mini Truck bearing registration No. AS-26/AC-0826. 8) From the case diary, it is seen that Police have already seized the relevant Truck involved in the case and have also arrested its driver, along with the present petitioner and 4 (four) others involved in the case. 9) Considering the detention of the petitioner in custody since 28.03.2025 and the seizure of the relevant Truck involved in the case, recovery of six numbers of cattle and arrest of four other accused persons in the case, including the driver of the said Ashok Leyland Mini Truck; the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Gossaigaon P.S. Case No. 41/2025. As such, this bail application of the petitioner in said Gossaigaon P.S. Case No. 41/2025 is accepted. 10) Accordingly, the petitioner, namely, Riday Mushahary, son of Jagadish Mushahary be released on bail in said Gossaigaon P.S. Case No. 41/2025, subject to the condition that he is not required in any other case; on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties, each of the like amount, one of which shall be a Government Employee, either State or Central Government, to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon subject to the conditions that the petitioner, named above — i) shall appear before the Investigating Officer of said Gossaigaon P.S. Case No. 41/2025 on every Monday, commencing from 28.04.2025 during the office hours, for the next 3 (three) English Calendar months, i.e., up to 28.07.2025 and also, as and when he is required for necessary investigation of the said case; ii) shall not leave the territorial jurisdiction of Gossaigaon Police Station without obtaining prior written permission from the Investigating Officer of said Gossaigaon P.S. Case No. 41/2025; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person Page No.# 4/4 acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; and v) shall not involve himself in any criminal activities in the future. 11) Failure to comply with any of the aforesaid terms and conditions by the petitioner, namely, Riday Mushahary, son of Jagadish Mushahary the bail granted to him in said Gossaigaon P.S. Case No. 41/2025 shall stand automatically vacated. 12) This bail application accordingly stands disposed of. 13) Return the case diary herewith. JUDGE Comparing Assistant