Page No.# 1/4 GAHC010003982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./95/2026 JIABUR RAHMAN AND ANR S/O- ESAB ALI. R/O- SAIDORIA, P.S.- RUPAHIHAT, DIST.- NAGAON, ASSAM, PIN- 782125. 2: AZIZUL HAQUE S/O- NURUL ISLAM. R/O- TELIACHAPORI P.S.- RUPAHIHAT DIST.- NAGAON ASSAM PIN-782125. 3: MD. BUBU ALI. S/O- ABDUL KHALEK. R/O- VILL.- KADAM P.S.- BOGGINADI DIST.- LAKHIMPUR ASSAM PIN- 787032. 4: MAJNUR ALI. S/O- LATE SOFIQUL HUSSAIN. R/O- VILL.- KADAM P.S.- BOGGINADI DIST.- LAKHIMPUR ASSAM PIN- 787032 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.02.2026 Heard Mr. B. Islam, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State. 2. By this application, the petitioners have sought for bail in connection with Behali P.S. Case No. 107/2025 registered under Section 303(2)/3(5) BNS, read with Section 13(1) of Assam Cattle Preservation Act, read with Section 11(1) (a)/11(1)(a)(b)(c)(d) of Prevention of Cruelty to Animal Act. 3. The FIR dated 07.12.2025 reveals that the informant i.e. the S.I while performing a Naka checking duty intercepted one 709 container truck, which was travelling from Gohpur towards Biswanath Chariali and upon search being made, he found 20 (twenty) number of cattle being transported in a highly unethical and unhygienic conditions. The Police Officer found 4 (four) persons in the said truck, one being the driver and when they could not produced any valid documents to the said transportation, the Police Personnel arrested them on strong suspicion of illegal smuggling and possible theft. 4. Mr. B. Islam, learned counsel for the petitioners submits that the owner of Page No.# 3/4 the cattle and the owner of the vehicle were both released on pre-arrest bail and that the cattle were also given in custody to its owner and the vehicle was also given in custody to its owner. He further submits that the Veterinary Doctor has also certified that the cattle can be transported in a vehicle. 5. Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State however submits that there is violation in carrying the cattle in the container as there cannot be more than 6 (six) cattle being transported at the time and in the instant case, 20 (twenty) number of cattle were transported in a container truck, which itself violates the law. 6. I have heard the learned counsels for the parties and have gone through the records. 7. It is noticed that the petitioner No. 1 is the driver of the vehicle, petitioner No. 2 is the handyman and petitioner Nos. 3 & 4 are the helpers and they were directed by the owner of the cattle to load the cattle in the said container truck, which is owned by another person, who is on pre-arrest bail and the same were transported by the petitioners only on the orders of the other two persons. Further, the petitioners were inside the jail for 57 days as on date. 8. As such, this Court deems it fit that the petitioners may be released on bail on furnishing a bail bond of Rs. 20,000/- each, with one local surety each to the satisfaction of the learned SDJM (M), Biswanath, Biswanath Chariali under the following conditions:- (1) The petitioners will appear before the Investigating Officer as and when called for without any fail. (2) The petitioners will not tamper with the evidence or influenced the witnesses. Page No.# 4/4 9. The Bail Application stands disposed of. JUDGE Comparing Assistant