Page No.# 1/3 GAHC010278622025 2026:GAU-AS:453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2948/2025 SAIF UDDIN AND ANR S/O WAHAB ALI, R/O VILL NO 6, DAKHIN SAMARALI, PS MURAJHAR, DIST HOJAI, ASSAM 2: ANIS AHMED ALIAS ANISH UDDIN S/O MOTOSIR ALI ALIAS MOTOI KALU R/O VILL NO 6 DAKHIN SAMARALI PS MURAJHAR DIST HOJAI ASSA VERSUS STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, MD A RAHMAN,SAMIM RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 09.01.2026 1. Heard Mr. S. Nawaz, learned counsel for the petitioners and also heard Mr. B. Sharma, learned Addl. P.P for the State. Page No.# 2/3 2. This is an application under Section 482 of BNSS, 2023, have been filed by the petitioners, namely, 1. Saif Uddin, 2. Anis Ahmed @ Anish Uddin are seeking pre-arrest bail in connection with Murajhar P.S Case No.244/2025 under Section 325/3(5) of the BNS, 2023, R/W Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. As per allegations made in the FIR, 32 Kgs (approximately) of beef were recovered from the possession of the petitioners along with the cutting weapons like machete, knife etc. beef which was being prepared for sale. The recovered articles have been seized and on enquiry, it has been learnt that the persons i.e. the present petitioners were involved in illegal act of slaughtering and selling of beef since long time for their personal gain. 4. It is submitted on behalf of the petitioners that the present petitioners had got the beef for serving in family function and there is nothing to show that they were selling the said beef. 5. It is stated by the informant in the FIR itself that as per provisions of the Assam cattle Preservation Act, 2021, such sale or offer for sale of beef within areas which are predominantly inhabitated by Hindu, Jain, Sikh and other non- eating beef communities or within radius of 5 Kms of any temple, Satra or other religious institutions belonging to Hindu religion or any other institution or area as may be prescribed by the competent authority is prohibited. 6. It is further mentioned in the FIR that the area No.6 Dakhin Samarali under Murajhar P.S. is also inhabited by Hindu people within its 5 km radius. But, it is not stated that it is predominantly Hindu area and no temple etc. has been mentioned which lies within a radius of 5 kms from the P.O. Nothing in this regard is also mentioned in the case diary either. Page No.# 3/3 7. Having regard to the above, as well as the fact that the offending item has been seized, the custodial integration of the petitioners may not be necessary. 8. Accordingly, the prayer for pre-arrest bail is allowed. 9. It is directed that in the event of arrest in connection with this case, the accused-petitioners, named above, shall be released on bail in connection with Murajhar P.S Case No.244/2025 under Section 325/3(5) of the BNS, 2023, R/W Section 13(1) of the Assam Cattle Preservation Act, 2021, of Rs.50,000/- (Rupees Fifty Thousand) each with one suitable surety each of like amount to the satisfaction of the arresting authority. 10. It is further provided that the petitioners shall appear before the I.O. within a period of 15 (fifteen) days from today for recording of their statements and they shall co-operate with the investigation. 11. Accordingly, the anticipatory bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant