Page No.# 1/3 GAHC010279492025 2025:GAU-AS:17504 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2956/2025 MAFIZ BHUAYN AND ANR S/O HARUN BHUYAN R/O VILL- KATHALBURI, P.S. SARTHEBARI, DIST. BARPETA, ASSAM 2: MAKIBUL BHUYAN @ MOKU BHUYAN S/O HARUN BHUYAN R/O VILL- KATHALBURI P.S. SARTHEBARI DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MR. S RAHMAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 17.12.2025 Heard Mr. S. M. Abdullah P, learned counsel appearing for the accused applicant and Mr. P. Borthakur, learned Addl. PP appearing for the State of Assam. Page No.# 2/3 2. This is an application under Section 482 of BNSS, 2023 praying for granting pre arrest bail to the accused applicants in connection with Hajo P.S. Case No. 487/2025 registered under Section 125(E) of Central Motor Vehicle Rules read with Section 3 (5)/303(2)/317(2) BNS, 2023 read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 read with Section 78 of the Assam Motor Vehcile Rules, 2023. 3. The gist of the allegation as alleged in the FIR dated 20.11.2025 is that on receipt of confidential information, the police apprehended a vehicle and from the vehicle they recovered 20 numbers of cattles being transported. On investigation, it was revealed that (1) Mofiz Bhuyan, (2) Muku Bhuyan and (3) Mintu Ali are the prime members involved in illegal trafficking and they are running their illegal business of trafficking of stolen cows within Assam or outside of Assam. 4. Mr. S. M. Abdullah P, learned counsel appearing for the accused applicant submits that the accused applicants are not involved in the instant case and, in fact, nothing has been recovered from them. He further submits that the purchasers of the cattles i.e. Jahirul Ali, Hamidul Ali and Abul Hussain were given Zimma of the cattes as well as the vehicles were also given on Zimma to the owners of the vehicles. He further submits that since Zimma has been given for the cattles as well as the vehicles and the accused applicants are sought for by the Police only on the basis of suspicion, the accused applicants should be granted with the privilege of pre arrest bail, at this stage. 5. Mr. P. Borthakur, the learned Addl. PP, on the other hand, submits that the accused applicants could be seen to have been involved in the cattles smuggling, transporting and selling. Therefore, at this stage, the accused Page No.# 3/3 applicants should not be granted pre arrest bail. 6. Taking into account the materials brought before this Court as well as the submissions made by the learned counsel for the respective parties, this Court is of the considered opinion that the accused applicant should be granted pre arrest bail, at this stage. 7. Accordingly, the accused applicants, namely, Mafiz Bhuyan and Makibul Bhuyan, in the event of their arrest in connection with Hajo P.S. Case No. 487/2025, they shall be released on bail on furnishing a bail bond of Rs.50,000/-each, with a surety of like nature to the satisfaction of the arresting authority. However, the aforesaid bail order shall be subject to the following conditions:- (i) that the accused applicants shall appear before the I.O. of the case within 10 days of passing of this order; (ii) that the accused applicants shall co-operate with the investigation and make themselves available as and when called for; and (iii) that the accused applicants shall not try tamper or hamper with the investigation in the instant matter by influencing any of the witnesses, whatsoever. In view of the aforesaid directions, this Anticipatory Bail application stands disposed of, as allowed. JUDGE Comparing Assistant