Page No.# 1/3 GAHC010062622025 2025:GAU-AS:6138 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/706/2025 NITYANANDA KAMAN S/O- LATE BHUBAN CHANDRA KAMAN, R/O- VILL- BILMUKH, PO- BILMUKH, PS- GHILAMARA, DIST- LAKHIMPUR, PIN- 787053, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 16.05.2025 Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of BNSS, praying for grant of pre- arrest bail to the accused/petitioner, who is apprehending arrest in connection with Morigaon P. S. Case No.63/2025, registered under Sections 303(2)/317(2) of BNS, read with Section 13(1) of the Assam Cattle Preservation Act, read with Section 11(1)(a)/11(1)(e)/11(1)(i) of the Prevention of Cruelty to Animal Act. 3. The Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Islam, learned counsel for the petitioner, that the present petitioner is innocent and he is a genuine purchaser of the cattle. He owns a firm and is engaged in the business of purchasing cattle. He further submitted that he has already produced 30 challans along with 12 money receipts, through which he purchased 32 cattle from the market. It is also submitted that, after obtaining interim pre-arrest bail, the petitioner appeared before the IO and cooperated in the investigation of the case. He is ready and willing to extend his cooperation with the I.O. in the further investigation, if his interim pre-arrest bail order is made absolute. 5. Mr. Borthakur, the learned Additional Public Prosecutor, submitted that the said truck was earlier intercepted by the police in connection with Mayong P.S. Case No. 134/2024, in which 16 cattle were recovered. However, in the present Page No.# 3/3 case, 32 cattle were found being transported in the same truck in a very cruel manner. He further submitted that although the petitioner produced 12 money receipts, none of them reflects the purchase of 32 cattle, as claimed. It is, however, a fact that after obtaining interim pre-arrest bail, the accused/petitioner appeared before the I.O. and cooperated with the investigation. 6. In this regard, Mr. Islam, learned counsel for the petitioner, submitted that from one money receipt, the petitioner had purchased 3 or 4 cattle, in some cases 2 cattle, and in others 1 cattle. Thus, collectively, the petitioner purchased the 32 cattle on the basis of the said 12 money receipts. 7. After hearing the submissions of learned counsel for both sides and considering the materials available in the Case Diary, as well as the conduct of the accused/petitioner, I find it appropriate to allow the prayer made by the accused/petitioner. Accordingly, the interim pre-arrest bail granted to the accused/petitioner vide order dated 27.03.2025 is hereby made absolute, on the same terms and conditions 8. In terms of above, this anticipatory bail application stands disposed of. 9. The Case Diary be sent back. JUDGE Comparing Assistant