Page No.# 1/4 GAHC010217512025 2025:GAU-AS:14773 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3170/2025 SAHIDUR RAHMAN ALIAS NANGAR S/O LATE GOLAPUDDIN SK. R/O VILL- KHODARCHAR (SAGALCHARA PT.I), P.O., P.S. AND DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MRS. S ROY, MD. MEMON AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 01.11.2025 1. Heard Mrs. S Roy, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. By this application under Section 438 of the BNSS, 2023 the petitioner has prayed for bail in connection with Dhubri P.S Case No. 1929/2021 under Section 379/411 R/W Section 13 of the Assam Cattle Preservation Act, 2021 and R/W Section 22(C) of NDPS Act (Registered as Special Case No. 60/2024), pending before the Ld. Addl. Special Judge, Dhubri. 3. It is noticed that on a reliable information about stealing of cows and for violation of Section 13 of the Assam Cattle Preservation Act, 2021, the police personnel caught two other accused persons and the accused persons were one Rahman Ali and one Sahidur Ali and on search being made on the body of the said two persons, contrabands were recovered from them along with some cash and on further interrogation, it was stated that the contrabands were purchased from another person by the said two accused persons. The police registered the said case as Dhubri PS Case No. 1929/2021 under Section 379/411 IPC R/W Section 13 of the Assam Cattle Preservation Act, 2021 and R/W Section 22(C) of NDPS Act. Thereafter, on reliable information, the petitioner was arrested in connection with the aforesaid Dhubri P.S Case No. 1929/2021 under the said Sections of law. The petitioner tried to flee away and the police personnel had to fire upon the petitioner’s leg in order to restrain him and subsequently, the police arrested him and took him to the hospital for treatment and an FIR was lodged on 09.01.2022 and registered as Dhubri PS Case No. 33/2022. The police on completion of the investigation in connection with Dhubri P.S Case No. 1929/2021, submitted charge-sheet on 16.11.2023 in which the Page No.# 3/4 petitioner was shown as an accused person. It be further stated here that when the petitioner was admitted in the hospital, he was enlarged on bail on 07.02.2022 in the subsequent Dhubri PS Case No. 33/2022. It is further noticed in the charge-sheet dated 16.11.2023, as mentioned above, that the petitioner who was apprehended in connection with both the Dhubri Cases, fled away from the hospital and remained absconded since then. Thereafter, it is seen that the Ld. Court had issued NBWA against the petitioner and the petitioner was arrested on the strength on 08.08.2025 and since then the petitioner is inside the jail. 4. Mrs. S Roy, learned counsel for the petitioner submits that the petitioner was in fact arrested on an information received on 08.01.2022 and was implicated in connection with the earlier i.e. Dhubri P.S Case No. 1929/2021 without any basis, whatsoever. She further states that no contrabands were received from the petitioner and as such, she submits that Section 37 of the NDPS Act would not be attracted as far as the petitioner is concerned and has prayed for bail. 5. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, however, submits that the petitioner, although arrested later, but he was arrested in connection with the Dhubri P.S Case No. 1929/2021 registered under the Sections of BNSS Act as well as NDPS Act and the contrabands were of commercial quantity which were seized from the other two accused. 6. Upon consideration of the submissions made at the bar and more Page No.# 4/4 so, on the fact that no contrabands were recovered from the petitioner, this Court deems it fit that the petitioner be released on bail by furnishing a bail bond of Rs. 20,000/- with 1(one) local surety of the like amount to the satisfaction of the Ld. Addl. Spcl. Judge, Dhubri under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the Ld. Addl. Spcl. Judge, Dhubri. 7. Petition is disposed of. JUDGE Comparing Assistant