Kamal Miyan and Anr. Vs the State of Assam — Motor Accident Claims | Gauhati HC (2026)

Kamal Miyan and Anr. Vs the State of Assam — Motor Accident Claims | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Bail granted to both accused applicants (Kamal Miyan and Malek Ali): release forthwith on furnishing a bail bond of Rs.20,000/- each with one surety each of like nature to the satisfaction of the learned Judicial Magistrate 1st Class, Hajo, subject to co-operation with the investigation and availability as and when called for by the Investigating Officer.

Issue for consideration

Whether the accused applicants, Kamal Miyan (Driver) and Malek Ali (Handiman), should be granted bail in connection with Hajo P.S Case No.223/2026, in view of the pre-arrest bail already granted to the owner of the vehicle and the owner of the cattle and the zimma of the cattle granted to the owner.

Court's answer

Taking into account the submissions made by learned counsel for the accused applicants, the Court was of the opinion that the accused applicants should be granted bail.

Ratio / Principle

The accused applicants were directed to be released forthwith from jail on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one surety each of like nature, to the satisfaction of the learned Judicial Magistrate 1st Class, Hajo.

Key takeaways

Release on bail was made subject to the condition that the accused applicants shall co-operate with the investigation and make themselves available as and when called for by the Investigating Officer.ratio¶¶25

Detailed headnote1 paragraphs

Bail application under Section 483 of the BNSS, 2023 by two accused persons — the Driver and Handiman of a vehicle from which 11 (eleven) cattle were recovered — in connection with Hajo P.S Case No.223/2026 under Sections 303(2)/3(5) of the BNS, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 and Section 125 of the Central Motor Vehicles Rules, 1989. Noting that the owner of the vehicle (Hanif Ali) and the owner of the cattle (Ali Akbar) had already been granted pre-arrest bail by co-ordinate Benches of the Court (orders dated 12.06.2026 and 11.06.2026 respectively) and that zimma of the cattle had been granted to the owner on 12.06.2026 by the learned Judicial Magistrate 1st Class, Hajo, the Court (Anjan Moni Kalita, J) directed that the accused applicants be released forthwith on furnishing a bail bond of Rs.20,000/- each with one surety each of like nature, subject to their co-operating with the investigation and making themselves available to the Investigating Officer; the bail application was disposed of on 14.07.2026.

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GAHC010130132026

2026:GAU-AS:9566

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./1713/2026

KAMAL MIYAN AND ANR

S/O- LATE PAHALI MIYAN, R/O- KHANGRA, P.S.- TARABARI, DIST BARPETA, ASSAM

2: MALEK ALI S/O- LATE GAHER ALI R/O- KHANGRA P.S.- TARABARI DIST BARPETA ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM.

Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN

Advocate for the Respondent : PP, ASSAM,

BEFORE

HON’BLE MR. JUSTICE ANJAN MONI KALITA

O R D E R

14.07.2026

Heard Mr. S.M.Abdullah P, learned counsel for the accused applicants. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor,

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appearing for the State.

This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the accused applicants namely, (i) Kamal Miyan and (ii) Malek Ali, in connection with Hajo P.S Case No.223/2026, under Sections 303(2)/3(5) of the BNS, read with Section 13(1) of Assam Cattle Preservation Act, 2021, read with Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960, read with Section 125 of the Central Motor Vehicles Rules, 1989.

The case relates to recovery of 11(eleven) numbers of cattle from the vehicle driven by the accused applicant No.1, wherein the accused applicant No.2 was the Handiman. Learned counsel appearing for the accused applicants submits that the owner of the vehicle, namely Hanif Ali has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 12.06.2026 and similarly, the owner of the cattle, namely Ali Akbar has also been granted pre-arrest bail by a co-ordinate Bench of this Court on 11.06.2026. The zimma of the cattle was also granted to the owner on 12.06.2026 by the learned Judicial Magistrate 1^st Class, Hajo. He submits that in view of the grant of pre-arrest bail to the owner of the cattle and the vehicle as well as the order of zimma given in favour of the owner of the cattle, this is a fit case wherein the accused applicants who are only the Driver and Handiman of the vehicle should be released on bail.

Taking into account the submissions made by the learned counsel appearing for the accused applicants, this Court is of the opinion that the accused applicants should be granted bail.

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Accordingly, it is directed that the accused applicants shall be released forthwith from jail on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) each with one surety each of like nature to the satisfaction of the learned Judicial Magistrate 1^st Class, Hajo, subject to the condition that the accused applicants shall co-operate with the investigation and make themselves available as and when called for by the Investigating Officer.

In terms of the aforesaid direction, the instant bail application is disposed of.

JUDGE

Comparing Assistant