Page No.# 1/3 GAHC010102772026 2026:GAU-AS:7380 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1366/2026 ANOWAR HUSSAIN AND 2 ORS. SON OF BHALU SKALIAS FALU SK, RESIDENT OF VILLAGE- KODALDHOWA, PSFAKIRAGRAM, DIST- KOKRAJHAR, ASSAM. 2: SAHA ALOM SK ALIASSAHA ALOM SHEIKH SON OF LATE SOKATULLAH SHEIKH RESIDENT OF VILLAGEBINNASARA PS- FAKIRAGRAM DIST- KOKRAJHAR ASSAM. 3: ABDUL RAHMAN SON OF GOLJAR ALI RESIDENT OF VILLAGE- CHITHILA PS- FAKIRAGRAM DISTKOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. R BORA, MS R MEDHI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.05.2026 Heard Mr. R. Bora, learned counsel for the petitioners and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioners namely, Anowar Hussain, Saha Alom Sk @ Saha Alom Sheikh and Abdul Rahman, have prayed for bail as they are behind bars since 16.05.2026 in connection with Sapatgram P.S Case No. 54/2026, registered under Sections 61(2)/303(2)/317(2)/317(4) of BNS, 2023, R/W Section 13(1) of the Assam Cattle Preservation Act, 2021, R/W Section 11(1)(a)/11(1) (d)/11(1)(e) of the Prevention of Cruelty to Animals Act, 1960. 3. I have considered the submissions at the Bar with circumspection. 4. It is submitted at the Bar that the petitioners were apprehended as they were found in possession of nine heads of cattle without documents. The cattle were recovered from one Bolero Pickup vehicle bearing registration no: AS-01-HC-0989 after pursuing the petitioners at 2:30 A.M. 5. It is submitted that the arrest memo clearly depicts that the petitioners were produced before the Magistrate after 24 hours, as they were produced on 17.05.2026 at 7:01 A.M after they were arrested. 6. The learned counsel for the petitioners submitted that the proforma of the FIR clearly reveals that the petitioners were arrested at 2:30 A.M on 16.05.2026 and were shown as arrested on 17.05.2026 after 24 hours. Page No.# 3/3 7. The learned Additional Public Prosecutor has raised objections stating that the petitioners were shown as arrested on 17.05.2026 at 7 A.M, and therefore, the statutory period of 24 hours has not elapsed. 8. I have scrutinized the documents submitted by the petitioners marked as Annexure- A, B, C and D of the petition. 9. It appears that the petitioners were behind the Bars for 10 days and further custodial detention may not be required for the progress of investigation. The petitioners are local residents and they have undertaken to cooperate with the remaining part of the investigation. 10. Considering the entire aspect of the matter, the above-named petitioners are enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) only each with one surety each of like amount subject to the satisfaction of the learned JMFC, Bilasipara with following conditions: (i) the petitioners shall refrain from such activities with they are alleged; (ii) the petitioners shall appear before the I.O on every fortnight, till completion of the investigation; 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant