Page No.# 1/5 GAHC010134012025 2025:GAU-AS:11001 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1423/2025 SRI SAMUEL NARZARY @ SAMEL NARZARY S/O- MONIRAM NARZARY. R/O- BHATIPARA, P.S.- KOKRAJHAR, DIST.- KOKRAJHAR, BTC, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR R DHAR, J DAS,MRS. A BASUMATARY,MR B C MUCHAHARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 19.08.2025 1. Heard Mr. R. Dhar, learned counsel appearing for the petitioner. Also heard Ms. N. Das, learned Addl. Public Prosecutor appearing for the State. 2. By this application, the petitioner has prayed for pre arrest bail in Page No.# 2/5 connection with Kokrajhar P.S. Case No. 35/2025 registered under Section 132/310(2) of the BNS read with Section 13(1)/16 of the Assam Cattle Preservation Act. 3. The FIR dated 03.02.2025 lodged by the Sub-Inspector of the Kokrajhar Police Station reveals that on being reported that two individuals were transporting three cattle by foot from a particular area without any documentation, the police personnel proceeded to the said location and found three cattle and two individuals who were apprehended by the local people. The police thereafter seized the cattles from the possession of the said two persons and detained the two persons for further investigation. Thereafter, while the police personnels were carrying the cattles on foot along with the arrested persons at around 11:40 pm, a bolero vehicle which had approached from the opposite direction came and stopped near them and two persons from the said vehicle stepped out and forcefully took the cattles from their possession. The police night patrolling team came to the place of occurrence and at that juncture where the bolero vehicle accelerated the speed and tried to flee away, they lost control and collided with an electric pole and as a result of which, the two individuals who were inside the bolero vehicle and who fled sustained injuries. In receipt of the said ejahar, the police registered the case on the aforesaid provisions of law. Page No.# 3/5 4. Mr. R. Dhar appearing for the petitioner submits that the petitioner who is alleged to have fled away in the vehicle which met with the accident was admitted to the hospital as he suffered various injuries. He also stated that the medical certificate with regard to the petitioner displayed that he was admitted at 9:30 pm on the night of the occurrence i.e. on 02.02.2025 whereas in the FIR, it is written that the occurrence had taken place at 11:40 pm. The learned counsel also submits that the said incident cannot be believed in as much as three cattles could not have been taken inside a bolero vehicle and as such, he negates the incident as narrated in the FIR. The learned counsel also stated that the petitioner is seriously injured and is being treated since the day of his admission on 02.02.2025 till date. As such, he prays for bail in respect of the petitioner under any conditions. 5. Ms. N. Das submits before this Court by perusal of the case diary that the witnesses i.e. the police personnel who were carrying the cattles on foot after the same were seized from the two persons as mentioned in the FIR had stated that while they were carrying, the petitioner as well as other occupants of the vehicle drove the vehicle in high speed and by halting near the police officers took the cattles inside the vehicle and while trying to flee away from the place of occurrence collided with the pole and fled from the place of occurrence. Page No.# 4/5 6. Heard the counsels and have perused the case dairy. 7. It is noticed that in the FIR, the police officer had stated that it was around 11:40 pm when the bolero vehicle came and halted near them and took away the cattle from their possession on 02.02.2025. It was also stated in the FIR that the two individuals who came with the bolero vehicle are the petitioner and one Mr. Biron Islary. It is also stated by the S.I of the Kokrajhar Police Station that the occupants of the bolero vehicle after taking away the cattles inside the vehicle fled away from the place and collided with a pole and subsequently the petitioner got injured. However, in the medical certificate annexed by the petitioner states that the petitioner reached the Kokrajhar Medical College & Hospital at 9:30 pm on 02.02.2025. It is also seen in the FIR that the name of one of the individual who is alleged to have taken the vehicle along with the cattles was Samel Narzary s/o Moniram Narzary and the medical certificate annexed with the instant petition is in respect of Samuel Narzary who was admitted at 9:30 pm at the Kokrajhar Medical College & Hospital on the same night of incident. However, Mr. R. Dhar submits that it is the same person, the person who is named in the FIR and the person who is admitted in the hospital and that he apprehends arrest in connection with the said case. 8. Since there appears contradictions and unusual facts in the story narrated by the police officer, this Court is of the opinion that the petitioner may Page No.# 5/5 be released on pre arrest bail in the event of his arrest on furnishing of a bail bond of Rs. 20,000/- (Rupees twenty thousand) with 2 (two) local sureties of the like amount under the following conditions:- 1) He will co-operate with the investigation and will appear before the Investigating Officer as and when called for. 2) He will not leave the jurisdiction of the arresting authority without the permission. 3) He will not tamper with the evidence or influence the witnesses connected with the case. 9. The petition is disposed of. JUDGE Comparing Assistant