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2026 DAILYLAW 5274 (GAU)

ASHAD MIAH ALIAS ASAD MIAH ALIAS ASHRAFUL v. THE STATE OF ASSAM

Bail Appln./1108/2026 · 2026-04-28

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010080612026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1108/2026 ASHAD MIAH ALIAS ASAD MIAH ALIAS ASHRAFUL S/O KALAM MIAH A RESIDENT OF VILL- NO. 1 MATIAPARA, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN- 783360 (TO BE REPRESENTED BY HIS WIFE NAMELY, KHADIJA BEGUM WIFE OF ASHAD MIAH, A RESIDENT OF VILL- NO. 1 MATIAPARA,P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN- 783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ISLAM, B HAZARIKA,T TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 29.04.2026 1. Heard learned counsel Mr. R. Islam for the petitioner Ashad Miah @Asad Miah @Ashraful. Page No.# 2/3 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 18.04.2026 in connection with Gossaigaon Police Station Case No. 73/2026 corresponding to GR Case No. 81/2025 under Sections 61(2)/318(4)/325 of the BNS, 2023 read with Section 13(i) of the Assam Cattle Preservation Act, 2021. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State. 4. The allegation against the petitioner is that he has been apprehended with illegal possession of 3kgs of beef. It is submitted on behalf of the petitioner that he is a cultivator and his two young children are suffering as he is behind bars. 5. The petitioner has pledged to abide by any stringent bail conditions if imposed upon him and he has pledged to co-operate with the remaining part of investigation. 6. I have considered the submissions at the Bar with circumspection. 7. I have considered the submission that the petitioner is a cultivator. The submission that the petitioner has pledged to abide by any stringent bail conditions if imposed upon him is also taken into consideration. The petitioner is also not a flight risk. 8. Considering all aspects, the petitioner is enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned Jurisdictional Court/Elaka Magistrate, under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of Page No.# 3/3 investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant