Page No.# 1/3 GAHC010109592026 2026:GAU-AS:9639 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1196/2026 SAMSER ALI S/O- ASRAF ALI, R/O VILL.- KAZAIKATA PT. V, P.O- KAZAIKATA, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.07.2026 Heard Mr M I Hussain, learned counsel appearing for the accused applicant. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for granting anticipatory bail to the accused applicant, namely, Samser Ali, in connection with Bilasipara PS Case No. 159/2026, under Sections 306/317(2) of the BNS, 2023, read Page No.# 2/3 with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, and read with Section 13(1) of the Assam Cattle Preservation Act. 3. The gist of the facts leading to the filing of the instant bail application is that one Dilbar Ali, Head Constable, Lakhiganj WP, Bilasipara Police Station, filed an FIR, alleging inter alia that on the basis of certain credible information of smuggling cattle, a naka checking was constituted and while naka-checking, one Mahindra Xylo Vehicle bearing Registration No. AS-03-H-939 was intercepted and recovered 4 numbers of cattle, however the driver managed to flee away. On receipt of the FIR, the Police registered the Bilasipara PS Case No. 159/2026, under the aforementioned Sections. 4. A coordinate Bench of this Court vide its order dated 05.06.2026, has granted interim pre-arrest bail to the accused applicant. 5. The learned counsel for the accused applicant submits that in terms of the interim order passed by a coordinate Bench of this Court, the accused applicant has appeared before the investigating authority and has got his statement recorded. Therefore, he submits that the interim pre-arrest bail granted to the accused applicant should be made absolute. 5. On the other hand, the learned Additional Public Prosecutor submits that the cattle were being transported in a very inhuman manner in violation to the Prevention of Cruelty to Animals Act, 1960. He further submits that there are prima facie evidence available in the Case Diary of transporting the 4 (four) recovered cattle in a Mahindra Page No.# 3/3 Xylo vehicle in an inhuman manner without any valid documents. Therefore, he submits that the interim pre-arrest bail granted to the accused applicant should be cancelled. 6. The Case Diary has been received and the same has been perused. On perusal of the Case Diary, this Court has prima facie found that the 4 (four) cattle had been transported in an inhuman manner, which is against the provisions of Prevention of Cruelty to Animals Act 1960, read with the Assam Cattle Preservation Act, 1921. It is also seen that no valid documents were also available for transportation of the cattle. 6. Taking into account the prima facie materials available on record, this Court is not inclined to grant pre-arrest bail to the accused applicant. Therefore, the interim protection that has been granted to the accused applicant vide order dated 05.06.2026 is cancelled and the instant Anticipatory Bail Application is accordingly rejected. 7. The Case Diary be returned. JUDGE Comparing Assistant