Page No.# 1/3 GAHC010215272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2428/2026 JAHIR ALI AND ANR SON OF JAMSHER ALI RESIDENT OF VILLAGE GORAIMARI NO 1 PS PANBARI DISTRICT CHIRANG BTAD ASSAM 2: TAMSER ALI SON OF MUNNASH ALI RESIDENT OF VILLAGE NO 1 GORAGAON PS BONGAIGAON DISTRICT BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR N JAMAL,MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30-09-2026 Heard Mr. A.K. Azad, learned counsel for the accused applicants. Also heard Ms. A. Begum, learned Addl. P.P. Assam. This is an application filed under Section 482 BNSS, 2023 praying for granting of Page No.# 2/3 pre-arrest bail to the accused applicants, in connection with Howly P.S. Case No. 144/2026, under Section 303/ 325 BNS read with Section 7(1)/ 7(1)(i)/ 7(1)(ii)/ 7(3)/ 13(1) of the Assam Cattle Preservation Act, 2021 and read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. An FIR was lodged before the Officer-in-Charge of Howly Police Station by Bikash Kr. Roy, SI(P) of Howly Police Station alleging that on receipt of an information at about 09:00 pm on 29-08-2026 about illegal transportation of cattle in a container truck bearing No. AS-01TC-3843 coming from Kokrajhar towards the NH-27 Howly, the police conducted a naka checking. It is alleged that about 09:20 pm the vehicle was intercepted and on search, police recovered 42 numbers of cattle of different colours inside the container of the vehicle. It is also alleged that the one cattle was found to be dead. Taking advantage of the darkness, the driver and the handyman managed to flee from the place of occurrence. On receipt of the FIR, police registered the same as Howly P.S. Case No. 144/2026 under the aforementioned sections. The learned counsel for the applicant submits that the accused No. 1 is the owner of the vehicle and the accused No. 2 is the driver. He submits that the vehicle has been rented out to a different person, viz. Saddam Hussain and therefore, the accused applicants were unaware of the illegal transportation of the cattle. In view of the aforesaid, he submits that the accused applicants should be protected at this stage by way of grant of pre-arrest bail to the accused applicants. Page No.# 3/3 Ms. A. Begum, learned Addl. P.P. Assam, on the other hand, opposes the prayer of pre-arrest bail application. This Court has considered the submissions made by the learned counsel for the respective parties as well as the gone through the materials brought on record before this Court. Taking into account of the entire facts of the case and specially the driver, i.e. the accused applicant No. 2 was being engaged by the accused applicant No. 1, this Court is not inclined to grant pre-arrest bail to the accused applicants, at this stage. Accordingly, the instant A.B. application stands dismissed. JUDGE Comparing Assistant