Gauhati High Court
Bail Appln./2314/2026 of MOINUL HOQUE AND 2 ORS. Vs THE STATE OF ASSAM on 6 September 2026
GAHC010171122026 2026:GAU-AS:12905 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2314/2026 MOINUL HOQUE AND 2 ORS. S/O- LT. RAHIM ALI, VILLAGE-SORU ARIKATI, NEAR HIGH SCHOOL P.S. BOKO, DISTRICT-KAMRUP, ASSAM. 2: SAMSUL HOQUE S/O-
GAHC010171122026
2026:GAU-AS:12905
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2314/2026
MOINUL HOQUE AND 2 ORS.
S/O- LT. RAHIM ALI, VILLAGE-SORU ARIKATI, NEAR HIGH SCHOOL P.S.
BOKO, DISTRICT-KAMRUP, ASSAM.
2: SAMSUL HOQUE
S/O- BAHAR ALI
VILLAGEKACHARIPAM
NEAR M.E SCHOOL P/S BOKO
DISTRICT-KAMRUP
ASSAM.
3: SOFIQUL ISLAM
S/O- FARAJ ALI
VILLAGE- DHAKALIA PARA
NEAR JDSSB HIGH SCHOOL
P/S KALGACHIA
DISTRICT- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. J AHMED, J N KHANDAKAR,R BEGUM,H G DAISY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 07.09.2026 Heard Mr. J. Ahmed, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, namely, 1. Moinul Hoque, 2. Samsul Hoque and 3. Sofiqul Islam have prayed for releasing them on bail after they were arrested on 27.07.2026 in connection with Goroimari Police Station Case No. 39/2026, registered under Sections 303(2)/3(5) of BNS, 2023 read with Section 11(1)(a) of Prevention of Cruelty to Animal Act, 1960, read with Section 13(1) of Assam Cattle Prevention Act, 2021.
3. As per the allegations in the FIR, on receipt of secret informant, the police intercepted one vehicle transporting 16 nos. of suspected stolen cattle on 27.07.2026 and the petitioners were also found in the said vehicle and they failed to produce any valid documents.
4. It is submitted on behalf of the petitioners that they are bonafide purchaser and sellers of the cattle and possess the necessary documents in this regard, which have been annexed to the instant bail application.
5. Learned Addl. P.P submits that the charge-sheet has already been submitted in the case vide Charge-Sheet No. 53/2026 dated 30.08.2026.
6. Having regard to the fact that the investigation of the case is over and the petitioners have spent 41 days in custody, further detention of the petitioner may not be necessary.
7. Accordingly, it is directed that the petitioners shall be released on a bail bond of ₹50,000/- (Rupees fifty thousand) only each with two sureties each of like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Goroimari Police Station Case No. 39/2026, registered under Sections 303(2)/3(5) of BNS, 2023 read with Section 11(1)(a) of Prevention of Cruelty to Animal Act, 1960, read with Section 13(1) of Assam Cattle Prevention Act, 2021.
8. It is further provided that the petitioners shall regularly participate in the trial if one commences and shall not try to tamper with the remaining witnesses.
9. Accordingly, the bail application stands disposed of.
JUDGE Comparing Assistant