Page No.# 1/3 GAHC010046612026 2026:GAU-AS:3453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/479/2026 MAJAHARUL ISLAM S/O NAJRUL ISLAM, R/O MAHKHUTI, P.S. DHING, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 09-03-2026 Heard Mr. S.M. Abdullah, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Demow Police Station Case No. 10/2026 registered under Page No.# 2/3 Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 11 (1) (a) of the Prevention of Cruelty to Animals Act, 1960, as well as Section 13 (a) of the Assam Cattle Preservation Act, 2021. 3. The FIR dated 16.01.2026 reveals that two vehicles were intercepted in which 79 (Seventy Nine) numbers of cattle were being transported and on asking the driver of the said vehicles, they could not produce any documents related to selling and purchase of said cattle. It was also alleged that the cattle were found to be transported in a highly congested, unsafe and pathetic conditions, leading to violation of Prevention of Cruelty to Animals Act. It is further stated that it is strongly suspected that the cattle were transported for the purpose of illegal slaughtering as the district shares boundary with another State of the Northeast where such illegal movement often occurs. 4. Mr. Abdullah submits that the petitioner is the owner of the said cattle, who had bought the same from Madhavpur/Bordumsa Weekly Market and that the original receipts of the said purchases being made have been seized by the police officer from the possession of the petitioner. As such, he submits that there is no offence meted out as regards Section 303 (2) of BNS, 2023. He further submits that it is only suspected that cattle were transported for the purpose of slaughtering without any evidence to that effect. He submits that the said cattle were not bought for any slaughtering. Further he submits that the provision of Section 11 (1) (a) of the Prevention of Cruelty to Animals Act, is a bailable section. On this ground, he prays for anticipatory bail. 5. Mr. P. Borthakur, learned State counsel further submits that if the statement made by the petitioner’s counsel is correct, then the receipts of the Page No.# 3/3 purchases being made should have been handed over to the driver as they are the one who had transported the said animals. That being not done so, there is clear violation of Section 303 (2) of the BNS, 2023. Further he submits that carrying so many cattle in one vehicle is itself a cruelty to animals. 6. On consideration of the submissions made by the parties and on consideration of the fact that original receipts of the purchases made were seized from the petitioner and that taking the animals for slaughtering being only suspected, this Court deems it fit that the petitioner be released on pre- arrest bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two local sureties for the like amount to the satisfaction of the arresting authority under the following conditions :- (i) He will appear before the Investigating Officer within a period of 10 (ten) days from today. (ii) He will not hamper with the evidence and influence the witnesses connected with this case. 7. Petition is disposed of. JUDGE Comparing Assistant