Allowed¶29

Biju Ahmed Alias Kolu and Anr. v. the State of Assam

Gauhati HC8 Feb 2026AB/262/2026

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 482 BNSS 2023; Gauhati High Court; Anjan Moni Kalita; AB/262/2026; Pathsala P.S. Case No. 03/2026; Sections 3(5)/305(a) BNS; cattle theft; Assam Cattle Preservation Act 2021 Section 13(1); Preservation of Cruelty to Animals Act 1960 Section 11(1)(a); accused not named in FIR; custodial interrogation opposed; bail bond Rs. 30,000; conditions on bail; Nalbari; Assam.

What did the court decide?

Pre-arrest bail granted to both accused applicants in connection with Pathsala P.S. Case No. 03/2026, on bail bonds of Rs. 30,000 each with surety of like amount, subject to conditions (appearance before the IO within 10 days; cooperation with investigation; no tampering with investigation). ¶29

Biju Ahmed Alias Kolu and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

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GAHC010015472026

2026:GAU-AS:1711

THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/262/2026

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BIJU AHMED ALIAS KOLU AND ANR

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S/O RAJAT ALI R/O VILLAGE NO.2 GHOGHA P.O BALIKUCHI P.SMUKALMUA DIST- NALBARI, ASSAM. PIN NO. 781126.

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2: WAHEDUR RAHMAN

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S/O ABEDUR RAHMAN R/O VILLAGE LOHARKHATA P.O- LOHARKHATA P.S- MUKALMUA DIST- NALBARI ASSAM PIN NO.781126

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

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Advocate for the Petitioner : MR. C SHARMA, MR N RAHMAN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 09-02-2026

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Heard Mr. N. Rahman, learned counsel appearing for the accused applicants and Ms. N. Das, learned Additional Public Prosecutor for the State.

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This is an application under Section 482 of the BNSS, 2023 praying for

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granting pre-arrest bail to the accused applicants in connection with Pathsala P. S. Case No. 03/2026 under Sections 3(5)/305(a) of the BNS read with Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 11(1)(a) of the Preservation of Cruelty to Animals Act, 1960.

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The brief facts of the case are as follows: On 04.01.2026, the complainant, Shri Pranjit Talukdar of Doligaon under Pathsala Police Station, lodged an FIR alleging that a red and white colour cow, belonging to him, had been missing since 28.12.2025 and could not be traced despite the search. However, on 01.01.2026, the complainant watched a video broadcast on a local television channel, in which it was seen that some unknown miscreants had forcibly lifted a red and white cow and loaded it into a white colour luxury vehicle. Upon seeing the video, the complainant identified the cow as his missing cow, and therefore, he suspected that some unknown miscreants had stolen his cow. By filing the FIR, he prayed for legal action against the unknown miscreants and for the recovery of the cow. On receipt of the FIR, the Police registered Pathsala P.S. Case No. 03/2025 under the aforementioned sections.

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Mr. Rahman, learned counsel for the accused applicants, submits that the accused applicants are in no way linked to the alleged theft of the cow. Learned counsel further submits that the accused applicants are not named in the FIR and that the accused applicants were neither present at the scene of the alleged offence nor had any knowledge of the offense. He also argues that in the event of their arrest, their societal reputations would be tarnished due to mere suspicion. Therefore, he prays for the granting of pre-arrest bail to the accused applicants.

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On the other hand, Ms. N. Das, learned Additional Public Prosecutor for the State, submits, by producing the Case Diary before this Court, that there are

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statements from various witnesses and co-accused indicating that the accused applicants are involved in the alleged offence. She argues that custodial interrogation of the accused applicants is necessary. Therefore, she requests that the bail application be rejected.

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This Court has considered the submissions made by the learned counsel for the respective parties and has carefully perused the Case Diary submitted before this Court.

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It is noted that the accused applicants are apprehending arrest in connection with the aforementioned case, although they were not named in the FIR filed by the complainant. After considering all the circumstances, this Court is of the opinion that the accused applicants should be granted the privilege of pre-arrest bail. Accordingly, it is directed that, in the event of the arrest of the accused applicants by the arresting authority, they shall be released on bail upon furnishing bail bonds of Rs. 30,000 (Rupees Thirty Thousand) each, with surety of like amount, to the satisfaction of the arresting authority, in connection with Pathsala P.S. Case No. 03/2026, subject to the following conditions:

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i. that the accused applicants shall appear before the investigating officer within 10 (ten) days from passing of this order;

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ii. that the accused applicants shall cooperate with the investigation and make themselves available before the investigating authority as and when call for;

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iii. that the accused applicants shall not directly or indirectly try to hamper or tamper with the investigation in the instant case;

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In view of the above directions, the pre-arrest bail application stands

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disposed of as allowed.

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JUDGE

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Comparing Assistant

Biju Ahmed Alias Kolu and Anr. v. the State of Assam

Case brief

What is this about?

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Biju Ahmed Alias Kolu and Anr. v. the State of Assam

Case brief

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What the court decided

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