Page No.# 1/3 GAHC010168822026 2026:GAU-AS:12565 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2304/2026 HABIBUR RAHMAN AND 2 ORS. S/O MAJNUR ALI, R/O LOHARAKATA, P.S. MUKALMUA, P.O. MUKALMUA, DISTRICT NALBARI, ASSAM. 2: BATEN BHUYAN S/O ISAB BHUYAN PERMANENT RESIDENT OF KOTHALBHURI P.S. SARTHEBARI P.O. PACHIM MAZDIA DISTRICT BARPETA ASSAM PIN 781305. 3: SAIFUL ISLAM S/O NASER ALI PERMANENT RESIDENT OF KATHALBHURI P.S. SARTHEBARI P.O. KATHALBHURI DISTRICT BARPETA ASSAM PIN 781305 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MS S AHMED,MS F INTAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 31.08.2026 Heard learned counsel for the petitioners. Also heard learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of the BNSS praying for grant of bail to the accused/petitioners, in connection with Changsari P.S. Case No. 176/2026, registered under Section 303(2)/317(3) of the BNSS, 2023, read with Section 11(1)(a)(d) of the Prevention of Cruelty to Animal Act, 1960, read with Section 13(1) of the Assam Cattle Prevention (Amendment), Act, 2021. 3. As per the allegations in the FIR, during naka checking on 29.07.2026, a truck was intercepted by the police and 30 male bull cattle of various breeds and colors were recovered there from. Petitioner No. 1 was the driver of the said vehicle, petitioner No. 2 was the driver of an Alto vehicle allegedly escorting the aforesaid truck, and petitioner No. 3 was a co-passenger in the said Alto vehicle. 4. It is submitted on behalf of the petitioners that the aforesaid cattle were not stolen property, but were purchased by one Baharul Bhuyan and Rahij Uddin. In this regard, the purchase receipts have also been annexed to the bail Page No.# 3/3 application. Therefore, it is argued that Sections 303(2) & 317(3) of the BNS are not attracted, and the offence under the Prevention of Cruelty to Animals Act entails a penalty of fine only. 5. Having regard to the above submissions, the period of detention of 42 days, and the fact that the cattle have already been recovered, further detention of the petitioners is not warranted. 6. Accordingly, the prayer for bail is allowed. 7. The petitioners were allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the learned CJM, Kamrup(Metro) in connection with the aforesaid case. JUDGE Comparing Assistant