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2026 DAILYLAW 15594 (GAU)

SRI NITYANANDA KAMAN v. THE STATE OF ASSAM

AB/2339/2026 · 2026-09-29

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010207612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2339/2026 SRI NITYANANDA KAMAN S/O LATE BHUBAN CH KAMAN R/O- VILLAGE - BILMUKH, P.O.- BILMUKH, P.S.- GHILAMARA, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY P.P. ASSAM. Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 1. Heard Mr. B. Islam, the learned counsel appearing for the accused applicant. Also heard Ms. A. Begum, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. The instant bail application has been filed under Section 482 of BNSS, 2023, praying for granting pre-arrest bail to the accused- applicants in connection with Boginadi P.S. Case No. 94/2026, under Section 13(1) of Assam Cattle Preservation Act, 2021, read with Section 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. 3. An FIR was lodged before the Officer-in-Charge, Boginadi Police Station, by one Biswaajit Pathak, alleging, inter alia, that they have received information on 25.08.2026 that some stolen cattle have been transported by a vehicle. 4. Police, on reaching the spot, found 15 cattle have been carrying in the vehicle, which was driven by one Saidul Ali. 5. On receipt of the information, police registered Boginadi Police Station Case No. 94/2026 under the aforesaid sections. 6. On further investigation, police found out that the vehicle as well as cattle belong to one Nityananda Kaman, i.e., the accused-applicant in the instant case. 7. The learned counsel appearing for the accused-applicant submits that the accused-applicant is a registered trader of cattle, and he has been given a certificate of registration by the Animal Husbandry & Veterinary Department, Assam, dated 22.05.2024. 8. He further submits that those cattle have been purchased from one Rajib Medok who also possesses a certificate for sale and purchase of animals. He has referred to Annexure-4, page 17, of the bail application. Page No.# 3/4 9. He further submits that after seizure of the vehicle as well as the cattle, the accused-applicant had applied for the zimma of the vehicle as well as the cattle, and which has been granted to him. 10. In view of the aforesaid, he submits that the accused-applicant should be allowed to go on pre-arrest bail. 11. The learned Additional Public Prosecutor for the State respondent has produced the case diary in the instant case. 12. On perusal of the case diary and upon hearing the learned counsel appearing for the parties, this Court is of the considered opinion that the accused-applicant should be granted pre-arrest bail. 13. Accordingly, it is directed that in the event of arrest of the accused- applicant by the investigating authority in connection with Boginadi PS Case No. 94/2026, he shall be released on pre-arrest bail on furnishing of a bail bond of Rs. 30,000/- with a surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: i. That the accused-applicant shall appear before the Investigating Officer within a period of 10 days from today; ii. That the accused-applicant shall cooperate with the investigation and make himself available as and when called for by the Investigating Officer; iii. That the accused-applicant shall not temper or hamper with the investigation in any manner whatsoever. Page No.# 4/4 14. In terms of the aforesaid direction, the instant AB application is disposed of. JUDGE Comparing Assistant