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2026 DAILYLAW 16668 (GAU)

HIMANGSHU BARMAN ALIAS KARNO BARMAN AND ANR v. THE STATE OF ASSAM

Bail Appln./3317/2026 · 2026-10-12

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010230102026 2026:GAU-AS:15448 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3317/2026 HIMANGSHU BARMAN ALIAS KARNO BARMAN AND ANR SON OF SRI BIRENDRA BARMANALIAS BIREN BARMAN, RESIDENT OF VILLAGE HATACHARA, P.O. PRATAPKHATA, P.S FAKIRAGRAM, KOKRAJHAR BTR, ASSAM, PIN-783337 2: SRI JUBIN BARMAN SON OF SRI SHANGKAR BARMAN ALIAS SANKAR BARMAN ALIAS MANBHOLA BARMAN RESIDENT OF VILLAGE HATACHARA P.O. PRATAPKHATA P.S FAKIRAGRAM KOKRAJHAR BTR ASSAM PIN-783337 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR A B DEY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13-10-2026 1. Heard Mr. A.B. Dey, the learned counsel appearing for the accused- Page No.# 2/3 applicants. Also heard Ms. A. Begum, the learned Addl. P.P, Assam appearing for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicants, namely 1) Himangshu Barman @ Karno Barman and 2) Jubin Barman in connection Fakiragram P.S. Case No.42/2026 (PRC No.289/2026) corresponding to G.R. Case No.369/2026, registered under Sections 303(2)/3(5) of BNS, 2023 read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021 read with Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960. 3. An FIR was lodged on 22.09.2026 by SI Manjit Kr. Nath, alleging, inter alia, that on 22.09.2026, one Bolero vehicle bearing Registration No.AS- 16G-0830 was intercepted by the police of Fakiragram Police Station and one cattle was found being transported. On enquiry, the persons in the vehicle could not produce any valid documents or permit in support of transportation of the cattle. Accordingly, Fakiragram P.S. Case No.42/2026 was registered under the aforementioned sections. 4. The accused-applicants along with another co-accused have been arrested on the same day and since then the accused-applicants have been behind bars for last 21 days. 5. The learned counsel appearing for the accused-applicants submits that the accused-applicants are young boys and have no link with the alleged transportation of cattle and that the cattle was not a stolen one. He submits Page No.# 3/3 that this Court vide order dated 01.10.2026 passed in Bail Appln. No.3063/2026 has granted bail to one co-accused person. In view of the aforesaid, he submits that the accused-applicants being similarly placed should be also granted bail in the instant case. 6. Taking into account the submissions made, this Court is of the view that the accused-applicants should be released on bail. 7. Accordingly, it is directed that the accused-applicants, named above, shall be released forthwith from jail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand only) each with one surety of like nature to the satisfaction of the learned C.J.M., Kokrajhar, subject to the following condition:- i) That the accused-applicants shall cooperate with the investigation and make themselves available as and when called for by the Investigating Authority. 8. In terms of the aforesaid directions, the instant bail application is disposed of. JUDGE Comparing Assistant