Page No.# 1/4 GAHC010025482026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./422/2026 MATIBAR RAHMAN ALIAS BABU S/O. MAZIBAR RAHMAN,R/O. HIRAPARA,P.O. DHULA,P.S. DHULA,DIST- DARRANG, ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THELEARNED P.P., ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 23.02.2026 Heard Mr. A.K. Ahmed, learned counsel for the accused/applicant. Also heard Mr. K.K. Das, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused, namely, Matibur Rahman @ Babu in connection with Baihata Chariali P.S. Case No.306/2025 registered under Sections Page No.# 2/4 303(2)/317(2)/61(2)/132/109/125 of BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 read with SEctioins 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. 3. The brief facts of the case are that the informant, attached to Baihata Chariali Police Station, lodged an FIR on 22.12.2025 stating, inter alia, that while he, along with his staff, was conducting patrol duty at Dumnichowki Bridge, they intercepted a truck bearing Registration No. AS-25 CC-4819. The said truck, which was proceeding towards Barnihat from the Dhola side, was found loaded with 34 cattle (29 alive and 5 dead) without valid documents. It is alleged that the said truck was being escorted by a Scorpio vehicle bearing Registration No. AS-01 FS-5102. On noticing the police presence, both vehicles allegedly attempted to flee from the spot. However, the police managed to detain the truck at Dumnichowki Bridge, while the Scorpio vehicle fled from the place of occurrence. It is further alleged that the truck was being driven by one Mainudin and Pankaj Das, and the Scorpio vehicle was driven by one Aftab Hussain and Babu @ Matibur Rahman. During the interception, the Scorpio vehicle allegedly attempted to crash into the police vehicle while trying to escape. Upon search of the detained truck, the police recovered 34 cattle kept in very poor condition. On receipt of the FIR, the police registered Baihata Chariali P.S. Case No. 306/2025 under the relevant sections of law. The accused/applicant was arrested on 08.01.2026 and has been in judicial custody for the last 30 days. 4. The learned counsel for the accused/applicant submits that the accused/applicant is merely a driver by profession and is not connected with the alleged smuggling of cattle. It is contended that he was only driving the vehicle in question and had no knowledge regarding the cattle being transported or the Page No.# 3/4 ownership of the vehicle. It is further submitted that the seized vehicle has already been released on zimma by the competent court. Learned counsel also submits that another named accused in the FIR, namely Safiqual Ali, has already been granted bail by the learned SDJM, Rangia. 5. In view of the aforesaid facts and circumstances, it is submitted that further custodial detention of the accused/applicant is not required at this stage, and therefore, he may be enlarged on bail. 6. On the other hand, the learned Additional Public Prosecutor opposed the bail application, submitting that there are incriminating materials on record indicating the involvement of the accused/applicant in the instant case. 7. This Court has heard the submissions made by the learned counsel for the respective parties and has perused the materials available on record. Considering the fact that the seized vehicle as well as the cattle have already been released on zimma, and further taking into account that the accused/applicant, being the driver, has been in judicial custody for the last 46 days, this Court is of the opinion that the accused/applicant should be granted bail at this stage. 8. Accordingly, it is directed that the accused/applicant shall be released on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount to the satisfaction of the learned SDJM, Rangia, subject to the following conditions: (i) That the accused/applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required; (ii) That the accused/applicant shall not hamper or tamper with the Page No.# 4/4 evidence of the case, nor shall he influence, intimidate, or threaten any witness involved in the instant case. 9. In view of the above and subject to the conditions imposed hereinabove, the present bail application stands disposed of. JUDGE Comparing Assistant