Page No.# 1/4 GAHC010261772025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3811/2025 HIFJUR RAHMAN BARBHUIYA AND 3 ORS. SON OF LATE JALAL UDDIN BARBHUIYA R/O SEWTI PART-I, (SANTI PART-I) P.S. BEHARA DIST. CACHAR, ASSAM 2: IMRAN HUSSAIN BARBHUIYA S/O HIFJUR RAHMAN BARBHUIYA R/O SEWTI PART-I (SANTI PART-I) P.S. BEHARA DIST. CACHAR ASSAM 3: RAFIQUL ISLAM BARBHUIYA S/O ABU BAKKAR BARBHUIYA R/O BEHARA PART-III P.S. BEHARA DIST. CACAHR ASSAM 4: FORID ALI S/O IDRISH ALI R/O KALIBARI GRANT P.S. BEHARA DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SPECIAL PP ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 10.12.2025 1. Heard Mr. J. Laskar, learned counsel for the petitioners. Also heard Mr. D. Gogoi, learned Special Public Prosecutor for the Wildlife Department. 2. This application has been filed seeking bail in connection with AFR Case No. HFG/12 of 2025-26, registered under Sections 9/39/50 and 51 of the Wildlife (Protection) Act, 1972. 3. It has been contended that the petitioners were arrested on 07.11.2025. As per the FIR, a quantity of pangolin skins was allegedly found in the possession of the petitioners and was accordingly recovered and seized by the authorities. 4. The learned counsel for the petitioners has submitted that the forwarding report of the petitioners does not indicate that notice under Section 47 had been served upon them. Referring to the alleged notice under Section 47 of the BNSS, the learned counsel submitted that the same does not contain sufficient details. He has submitted that there is a reasonable apprehension that the petitioners were not served with the notices in accordance with law. He has also submitted that two of the petitioners are aged 72 years and 20 years, respectively. 5. In view of all the above, it is submitted that the petitioners may be granted Page No.# 3/4 the privilege of bail. 6. The learned Special Public Prosecutor for the Wildlife Department has submitted that the petitioners were arrested in connection with the recovery of approximately 3 kg of pangolin skins, and that releasing them at this point of time may hamper or tamper with the investigation. It is further submitted that there is no assurance that the petitioners would not indulge in such activities again. 7. We have considered the submissions made by the learned counsel for the parties and have also gone through the records produced before us. 8. In view of the facts and circumstances, it is deemed fit to allow the privilege of bail to the petitioners, namely (i) Hifjur Rahman Barbhuiya, (ii) Imran Hussain Barbhuiya, (iii) Rafiqul Islam Barbhuiya, and (iv) Forid Ali, in connection with AFR Case No. HFG/12 of 2025-26 under Sections 9, 39, 50, and 51 of the Wildlife Protection Act, 1972, subject to their furnishing a bond of Rs. 15,000/- each with two sureties of the like amount for each petitioner, to the satisfaction of the Special Judge, Dima Hasao, under the following conditions :- i. shall appear before the Investigation Officer of said AFR Case No.HFG/12 of 2025-26 as and when he is required for necessary investigation; ii. shall not leave the territorial jurisdiction of Forest Range Officer, Haflong Range, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. shall not hamper with the investigation, or tamper with the Page No.# 4/4 evidence of the case; iv. shall not, directly or indirectly, make any inducement, threat or promise to any person 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 future. 9. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant