Page No.# 1/3 GAHC010087982026 2026:GAU-AS:9909 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/964/2026 RASHIDUL HOQUE S/O ABDUR RAHIM, R/O VILL PANIKAMRI, PS LAKHIPUR, DIST GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,MR. A TARAFDAR,MD A RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 20-07-20 26 Heard Mr. A. W. Aman, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Rashidul Hoque who is apprehending arrest in connection with the Gossaigaon P.S. Case No. 38/2026 registered under Sections 303(2)/317(2) of the BNS, read with Page No.# 2/3 Section 13(1) of the Assam Cattle Preservation Act, 2021, read with Section 11(1)(a)(d)(e)(h) of the Prevention of Cruelty to Animals Act, 1960. 3. The brief fact of the case is that on 17.02.2026 at about 6:00 A.M., the SDPO, Gossaigaon, received an information regarding illegal transportation of cattle by a vehicle in Harafuta area under Gossaigaon P.S. Accordingly, informant S.I. Dipjyoti Arjya was directed to take necessary legal action. Then he along with his staff conducted naka checking duty in Harafuta area and during naka checking at Restractpur, in front of Habibi hotel, intercepted one vehicle bearing registration no. AS-15-AC-7359, which was coming from West Bengal towards Gossaigaon. During search of the vehicle 8(eight) numbers of cattle were found in the said vehicle. The driver of the vehicle fled away from the place of occurrence. The informant seized the recovered cattle. In connection with the incident, S.I. Dipjyoti Arjya lodged an FIR with the Officer-in-charge of Gossaigaon P.S. On the basis of the FIR, Gossaigaon P.S. Case No. 38/2026, u/s. 303(2)/317(2) of BNS, R/W Sec. 13(1) of ACP Act, R/W Sec. 11(1)(a)(d)(e)(h) of PCA Act, was registered. On 06.03.2026, accused Habizur Hussain was arrested by the police. 4. The case diary as called for has been received and there-from it appears that during further investigation another vehicle bearing Registration No.AS-01- PC-3594 carrying four numbers of cattle linked to the present cattle smuggling network was seized and subsequently, upon reliable information, a police team of Simultapu O.P. under Gossaigaon Police Station intercepted the bearing Registration No.AS-13-AC-6234 and recovered 21 numbers of cattle being transported illegally. The said truck along with the cattle were seized, but the driver managed to escape. It is further revealed from the case diary that during the course of investigation, the registered owner of the seized truck Registration Page No.# 3/3 No.AS-13-AC-6234 appeared before the I.O. and stated that the present petitioner, Rashidul Hoque was the driver of the vehicle who had informed him that he was proceeding to West Bengal to transport raw materials, but subsequently, came to learn that he was illegally transporting cattle towards Gossaigaon. 5. From the materials available in the case diary, it appears that the present seizure though made long after the FIR was registered is connected to the said FIR and the seizure has been made in course of investigation commenced on the basis of the said FIR which was lodged on 17.02.2026 on the basis of which, Gossaigaon P.S. Case No. 38/2026 was registered. 6. Having regard to the materials available in the case diary as well as to the nature of the allegations, the present petition is not a fit case for grant of pre- arrest bail. 7. Consequently, the prayer stands rejected. 8. This pre-arrest bail application accordingly stands disposed of. 9. Return the case diary. JUDGE Comparing Assistant