Gauhati High Court
AB/1407/2026 of MUZAMMEL HOQUE AND 2 ORS. Vs THE STATE OF ASSAM on 15 July 2026
GAHC010128942026 2026:GAU-AS:9711 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1407/2026 MUZAMMEL HOQUE AND 2 ORS. SON OF SUBAN ALI ABDUS SUBAHAN,RESIDENT OF VILLAGE NO. 3 GALANDI,P.S. DALGAON, DISTRICT DARRANG, ASSAM. 2: MAFIZ UDDIN AHMED
GAHC010128942026
2026:GAU-AS:9711
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1407/2026
MUZAMMEL HOQUE AND 2 ORS.
SON OF SUBAN ALI ABDUS SUBAHAN,RESIDENT OF VILLAGE NO. 3
GALANDI,P.S. DALGAON, DISTRICT DARRANG, ASSAM.
2: MAFIZ UDDIN AHMED
SON OF ABDUL KHALEK
RESIDENT OF VILLAGE NO. 3 GALANDI
P.S. DALGAON
DISTRICT DARRANG
ASSAM.
3: KHALILUR RAHMAN
SON OF LATE RAHMATULLA
RESIDENT OF VILLAGE NO. 3 GALANDI
P.S. DALGAON
DISTRICT DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,MR A. ALI,A. K. KANU
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON’BLE MR. JUSTICE PRANJAL DAS
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O R D E R
16.07.2026
Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Addl. P.P. appearing for the State respondent.
2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, Muzammel Hoque, Mafiz Uddin Ahmed, Khalilur Rahman, seeking pre-arrest bail in connection with Dalgaon P.S. Case No.73/2026, under Section 305(a)/317(2) of BNS. R/W Section 13(1) of the Assam Cattle Preservation Act.
3. The informant lodging the FIR on 07.05.2026 alleged that on 07.05.2026 in the midnight two cows were stolen and another cow from his neighbour's house. That, on the on the next day in Nepali Bazaar, they found that the present petitioners in collusion with other accused slaughtered one bull and one cow and later they fled away.
4. It is submitted by the learned counsel that they are Mahaldar and tax collectors respectively in the market and not connected with the offence of stealing the cow or slaughtering the same in violation of law.
5. The learned Addl. P.P. has received the case diary and submitted that investigation is not completed. The investigation so far has indicated that though the petitioners herein are Mahaldars of the market and there are no materials to connect them with the theft per se, but they might have some nexus with the acts of stealing and subsequent slaughtering of cow in the market.
6. Nevertheless, in the circumstances, I deem it fit to allow the bail petition. Accordingly, in the event of their arrest of the accused petitioners, named above, shall be released on interim bail in connection with above noted case, on furnishing bail bond of Rs.30,000/- each with one suitable surety of the like amount each to the satisfaction of the arresting authority.
7. The direction for bail is further subject to the condition(s) that the petitioner:
(a) They shall cooperate with the investigation and appear before the I/O for examination; and
(b) They shall not indulge in any illegal activities, including any activities violative of Assam Cattle Preservation Act.
8. Violation or breach of condition(s) shall entail cancellation of the bail.
9. This anticipatory bail application stands disposed of.
JUDGE
B.Dey Comparing Assistant