Page No.# 1/3 GAHC010101102026 2026:GAU-AS:8468 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1074/2026 ABDUL MALEK AND ANR S/O- ABDUL RAHIM 2: SHORIFUL ISLAM S/O- ABU KASHEM BOTH ARE RESIDENT OF VILLAGE KABAITARY P.S- JOGIGHOPA DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,MR N JAMAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.06.2026 Heard Mr A K Azad, learned counsel for the petitioners. Also heard Mr P Borthakur, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. By this application, the petitioners have prayed for pre-arrest bail in connection with Golakganj PS Case No. 24/2026, registered under Sections 303 (3)/325/3(5) of the BNS, 2021, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, read with Section 11 of the Prevention of Cruelty to Animals Act, 1960. 3. The petitioners’ case is that they were the driver and owner of the vehicle, i.e., Tata Truck and that on 26.04.2026, at around 03:30 am, a Police Team rushed to a particular spot while they were coming from West Bengal to Assam, and the Police checked the said vehicle and found several cattle inside the same, which were tied with ropes. The said FIR also portrays that on a full search and seizure, 13 numbers of cattles were recovered from the said vehicle. It is also stated in the FIR that the driver and his associates could not be found as they fled away from the spot. 4. The learned counsel for the petitioners states that in an earlier incident, the cattles were recovered in the State of West Bengal and the zimma of the cattles were given to the owner of the cattles by the Hon’ble Court at Toofanganj, West Bengal and that the same cattles were being brought to the State of Assam, by loading them in the said truck. However, he submits that the petitioners being the driver and the owner of the vehicle have no role in the said incident, and that the owner of the cattles was someone else. 5. On the other hand, Mr P Borthakur, learned Additional Public Prosecutor submits that as far as the offence under the Assam Cattle Preservation Act as well as under the Prevention to Cruelty to Animals Act is concerned, the same are attracted since 13 numbers of cattles were sought to be brought by one vehicle, whereas under the law, only 6 numbers of cattle can be loaded in a vehicle for taking them to some other place. 6. On consideration of the submissions made by the learned counsel for the parties, it is seen that documents with regard to sale receipts were in possession of the petitioners, which were submitted later before the authorities. It is also found out that the custody of the said cattles were again handed over to the owner of the same. Since the present petitioners are only the driver and owner of the vehicle, this Court finds it fit to enlarge Page No.# 3/3 them on bail on furnishing bail bonds of Rs. 20,000/- each with one surety each of the like amount to the satisfaction of the arresting authority on the following conditions that:- i) the petitioners shall appear before the Investigating Officer within 10 (ten) days from the date of the order; and ii) the petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses. 7. Bail Application stands disposed of. JUDGE Comparing Assistant